Articles Tagged with infertility

Shttps://www.indianafamilylawyerblog.com/wp-content/uploads/sites/285/2017/07/pinterest-icon-logo-D4965B6748-seeklogo.com_.pngocial media site, Pinterest, recently added adoption and surrogacy benefits for its 500 employees. Pinterest’s employees will be eligible to receive up to $5,000 in adoption reimbursement and up to $20,000 for surrogacy benefits. Pinterest already provides 16 weeks of paid parental leave, as well as up to $20,000 in fertility benefits. Pinterest head of diversity and inclusion, Candice Morgan, stated, “Our [team] often speaks with employees to learn more about how we should expand our benefits, and we recently spoke with a colleague who’s been considering surrogacy with his husband.”

Pinterest is not the only company that provides fertility and adoption benefits. American Express offers five months of paid leave across genders, along with $35,000 to assist with adoption and surrogacy. Ernst & Young offers up to $25,000 for same-sex and heterosexual couples to cover adoption, surrogacy, and egg freezing services. Johnson & Johnson has also increased its benefits for surrogacy, adoption, and fertility services. As adoption, fertility treatment, and surrogacy become more common forms of family-building, companies will need to follow the lead of those mentioned in this blog post and expand the scope of their benefits to meet the needs of their employees.

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.

This past April, the District of Columbia reversed a 25-year-old law that banned surrogacy contracts, which beforehand contracting with a surrogate was a criminal offense, and altruistic surrogacy could land you a $10,000 fine or even a year in jail. Laws are beginning to be updated as the meaning of family evolves and technology advances. D.C Council member Charles Allen stated, “In the District, we are a place where we respect all couples and how they choose to start a family.” This law permits intended parents to establish their legal parentage during the pregnancy, so their names can be printed listed on the birth certificate upon the child’s birth. As well as allowing intended parents to be paid for carrying their child. The law applies to any intended parent(s), whether single, married, gay, or straight.

The Council has set out a list of agreement guidelines that the parties must follow, including: the surrogate being over the age of 21 and having delivered her own child, both parties having independent counsel, and both parties passing a psychological evaluation. Several states still have minimal or no laws that regarding surrogacy. For example, while Indiana has an antiquated statute regarding the unenforceability of surrogacy contracts (click here to read more about this statute and why surrogacy agreements are nevertheless completed in Indiana) and no other statutory laws on surrogacy, Indiana has strong case law that provides a favorable environment for the establishment of parentage in children born through surrogacy.

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.

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.

Phone App
The London Sperm Bank just launched the United Kingdom’s first sperm donor app, nicknamed by news outlets as the “Tinder for Sperm Donors.”  Individuals can use the app to search for sperm donors and order sperm on their phones. The free app , considered the first of its kind, displays donor profiles that describe physical characteristics, medical history, the sperm bank’s staff impressions, and other information (check out this Cosmopolitan article for some examples). Users can set preferences for characteristics such as eye color, hair color, education, and personality, and receive an alert when a donor matching their criteria is available. In contrast to dating apps like Tinder, donor profiles are anonymous and do not contain photos. Donors are vetted by the London Sperm Bank and pay a fee to be listed on the app.

The app has been approved by the Human Fertilisation and Embryology Authority (“HFEA”); the UK’s regulating entity that oversees IVF research, clinics, and procedures. However, the app has also generated some ethical debate. A representative of the Comment on Reproductive Ethics group stated that the app constitutes “trivialisation of parenthood,” equating it to “reproduction via mobile phone.” Meanwhile, the London Sperm Bank issued a statement assuring that “Ordering sperm from an online catalogue or an app does not trivialise treatment, and every step meets the requirements of the HFEA.” Additionally, the scientific director of the London Sperm bank stated “you make all the transactions online, like you do anything else these days. This allows a woman who wants to get a sperm donor to gain control in the privacy of her own home and to choose and decide in her own time.”

We are curious to see the impact of the app and whether other sperm banks follow suit. Has this app revolutionized gamete donation as we know it? Only time will tell. Stay tuned to our blog for more updates on the app as it gains traction among individuals seeking sperm donors.

8-10-09-193-thumb-667x1000-60849As gestational surrogacy continues to increase in the United States, so do opportunities to observe its trends and outcomes. Many states presently permit gestational surrogacy, although the laws vary by state and are rapidly evolving. Researchers from the University of Iowa Hospital and Clinics, Division of Reproductive Endocrinology and Infertility compiled information regarding the below trends arising from the continued practice of gestational surrogacy in the United States:

  • In the past 15 years, the number of gestational carrier cycles has grown by more than 470%.
  • Almost 70% of fertility clinics throughout the country now offer gestational surrogacy.

Infertility.jpgOne in eight couples experiences infertility in the United States. While infertility awareness is growing, people facing infertility may encounter insensitive and hurtful comments (though not always intentional). A brief refresher on infertility etiquette is a helpful way to minimize these uncomfortable experiences. Read on for some Dos and Don’ts when talking to friends and loved ones experiencing infertility.


Do

Listen. Show them that you care by listening to them if they choose to open up about their infertility struggle. Lend an ear and remain attentive as they share their experience with you.

National Infertility Awareness Week® (NIAW) is a movement that began in 1989. The goal of NIAW is to raise awareness about the disease of infertility and encourage the public to understand their reproductive health.

RESOLVE: The National Infertility Association founded this movement and continues to work with the professional family building community, corporate partners, and the media to:

  • ensure that people trying to conceive know the guidelines for seeing a specialist when they are trying to conceive.

about-the-author.jpgIndianapolis mother and former client of Harden Jackson opens up about her infertility struggles and journey to becoming a parent in her new book, When It’s Not As Simple As The Birds And The Bees. Sandhya Graves wrote this book to make sense of the complex emotions and difficult steps involved in creating a family.

Graves and her husband explored all options when encountered with infertility, including adoption, in-vitro fertilization and surrogacy. Graves’ memoir is an honest and raw account of the heartbreaks, disappointments and the ultimate triumph to have children. “In this personal memoir, I share the intimate and heart-wrenching details of fertility procedures,” Graves explains. “Despite the emotional turmoil that comes with infertility, multiple IVF attempts and miscarriages, this book is about the hope that kept us going and how we survived every day until we made our dreams come true.”

Sandhya M. Graves lives in Indianapolis, Indiana with her husband Tyler and their three children, Wyatt, Nolan and Lily. You can learn more about the author and the book here. Also, you can buy a copy of the book here.