Articles Tagged with ART

Attorneys Michele Jackson, Clarissa Finnell, Christine Douglas, Katherine Schwartz, and paralegal Amy Mitchell recently attended the American Bar Association Family Law Spring CLE Conference in Savannah, Georgia from May 3rd to May 6th.  Our Adoption and Reproductive Law Group sponsored the welcome reception on the first day of the conference. We also had a sponsor table throughout the conference where attendees could pick up gift bags containing several goodies and information about our practice.

Michele, Katherine, and Amy attended the assisted reproductive technology (“ART”) CLE sessions, and Clarissa and Christine attended the family law CLE sessions. Aside from learning a lot, we had a great time connecting with our ART and family law colleagues who practice throughout the country. We also enjoyed a variety of activities during our time in Savannah, including a riverboat cruise, a community service project on Tybee Island, and of course, a ghost tour or two!

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(Left to Right) Michele Jackson, Christine Douglas, Amy Mitchell, Katherine Schwartz, and Clarissa Finnell at the Welcome Reception hosted by Harden Jackson’s Adoption and Reproductive Law Group.

capitol-820611_1280-150x150Indiana Representative Robin Shackleford recently introduced House Bill 1059, which would require insurance companies to offer coverage for fertility treatments. This bill was inspired by a local woman‘s public fight to shine light on the fact that infertility affects one in eight women. In virto fertilization is used to help families who struggle with infertility, but with such a high price not all families can afford the service.  Shackleford commented, “I’ve heard a lot of stories where women have literally drained out their 401K. We need to see how we can level the playing field and let it be affordable for everyone.”

One local family, Cher Kimbrough and her partner Samuel traveled out of state to get more affordable fertility treatment. “I found the place in New York and it was $4,000. Right away I thought it was a catch because they are charging $4,000 for the same thing they’re charging 20 grand for in Indy,” Kimbrough commented Even though this family had a happy ending, there are many families that can’t afford this treatment. According to Shackleford, the next step is getting both constituents and insurers together to come to a consensus before the bill is heard by the house insurance committee. Stay tuned to our blog for updates on the developments of this bill.

The attorneys of Harden Jackson Law are devoted to servicing clients in all areas of family law, including divorce, custody, child support, property division, paternity, post-divorce modifications, prenuptial and postnuptial agreements, simple wills, adoption, surrogacy, and other areas of reproductive law. For more information, please contact us at 317.569.0770 or www.hardenjacksonlaw.com.

29514799292_07726da703_qFertilityIQ recently released its 2016 list of top businesses to work for as a fertility patient. Criteria to make it on the list include categories such as lifetime treatment maximum, pre-authorization, exclusions, and clinic restrictions. IVF costs are now around $23,050, and only 80% of patients either have all or none of their treatment paid for by their employer. Those patients that had their treatment covered by their employers said they felt a greater sense of loyalty to their employer and stayed in their jobs longer.

Many companies exclude certain add-on treatments that are becoming necessary in the field of fertility treatment. The cost of many of these add-on treatments ranges from $3,000 to $7,000 out of pocket. Companies that do offer fertility benefits sometimes do not promote them, because may be nervous about the potential wide adoption of these benefits.

The list of top 10 companies with fertility benefits are:

Spain
Last month, the Supreme Court of Spain issued a landmark ruling that recognizes the right to paid maternity leave for parents of children born through surrogacy. Although gestational surrogacy is illegal in Spain, the Court held that the need to take care of children outweighs any legal barriers set forth by Spain’s surrogacy ban. The decision also extends various rights to mothers of children born through surrogacy, such as a reduced workday for nursing mothers and the right to take one year of unpaid leave after the maternity leave. Spaniards who seek to build their family through surrogacy must go abroad, and two such scenarios, one involving a surrogacy arrangement in the United States and the other in India, set this case in motion.  In October, Spain’s congress also voted to equalize paternity and maternity leave, awarding fathers the same sixteen weeks of paid maternity leave that mothers receive.

The decision comes at a time when the issue of maternity benefits is in the spotlight in the United States.  A New Jersey woman is suing her former employer, Verizon Network Solutions, for denying her paid maternity leave when she had children through surrogacy in 2013. Various arguments exist for both sides of the issue. For example, some posit that since mothers of children born to a gestational surrogate did not give birth, they do not need time to recover physically. This argument is often used to justify the denial of extended paternity leave for fathers. On the other hand, proponents of maternity benefits for mothers of children born through surrogacy contend that a new mom needs time to bond with the baby, especially when she did not carry the child.

Although the Verizon lawsuit is one of the first of its kind (there was a federal lawsuit to claim benefits for paid leave by a woman who had children through surrogacy in 2011, but the case was ultimately dismissed), this issue is likely to become more prevalent as gestational surrogacy continues to grow as a family-building option. Stay tuned to our blog for more discussions on emerging reproductive law issues.

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This is part two of a two-part series on surrogacy considerations.Surrogacy can be an extraordinary gift to help an individual or couples build their family. However, it is best if some security measures be employed to ensure that all parties have a positive experience. There are many issues to consider when entering into a surrogacy relationship. The topics below are by no means exhaustive, as every surrogacy relationship is different. Once again, we present you additional questions to consider when using a surrogate.

1. Is the surrogate married?

The surrogate might benefit by having the support of a husband or partner throughout the process. The surrogate’s partner may also need to agree to be tested for a sexually transmitted disease. The husband will also need to sign some of the legal documents.