Articles Tagged with “international family law”

Rainbow_flag_and_blue_skies-300x199In May 2017, Taiwan’s highest court system ruled in favor of gay marriage, holding that Taiwan’s current laws violated the rights of same-sex couples. The Parliament, also known as the Legislative Yuan, has two years to amend the existing laws or pass new legislation. While it is unclear as to how far the parliament will go, hopes are that the parliament will amend the existing laws to include same-sex marriage. This will give same-sex couples the same rights as opposite-sex couples, including adoption, parenting, and inheritance. This spur was brought about when President Tsai Ing-wen came into power, whose key campaign issues included marriage equality.

Many Taiwanese opposition groups are willing to lobby against the parliament to keep the laws from being passed, arguing that the decision should be left to the people and not a few grand justices. As previously stated, the parliament has two years to change its marriage laws. If the two years pass with no change, then same-sex couples will be able to register for marriage. The bill is presently making its way through the parliament, but the process has slowed due to backlash from the opposition. Check back for updates on this legislation and other similar happenings throughout the world.

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.

icelander-flag-large-300x216In just a few short weeks, the Supreme Court of Iceland will rule on its first surrogacy case involving two women who wish to be recognized as the legal parents of their child born via gestational surrogacy. A U.S. surrogate carried the same-sex couple’s child, which was created using donor egg and sperm. The baby was born in 2013 and received a US passport and citizenship. The intended mothers established their legal parentage in the U.S., but things became complicated when the mothers tried to return to Iceland with the child. Surrogacy is illegal in Iceland, and when the mothers tried to register their child as an Icelandic citizen and themselves as the child’s legal parents, the National Registry of Iceland rejected the registration attempt. Although the child eventually received Icelandic citizenship and an identity number, the mothers sued the National Registry and the Icelandic State because they were only granted a fostering agreement rather than legal parentage.

This decision will have a great impact in Iceland because it will affect many couples and individuals who wish to have children through gestational surrogacy. This case also shows that in many countries, the laws are a bit lagging on how to address surrogacy. Make sure to stay tuned for a follow up blog post about the Supreme Court of Iceland’s decision.

The attorneys of Harden Jackson Law are devoted to servicing clients throughout the Indianapolis area and the state of Indiana in all areas 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 assisted reproductive technology law. For more information, please contact us at 317.569.0770 or www.hardenjacksonlaw.com.

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.

Student Visa Blog.jpgIf you are a citizen of a foreign country and wish to study in the United States (“U.S.”), you will need to apply for a U.S. student visa. Below is a basic step-by-step guide to obtaining an F-1 visa, a non-immigrant visa used by international students pursuing an academic degree or a shorter course of study in the U.S.

Step 1: Apply to the U.S. Academic Institution(s)

An international student must first satisfy the academic institution’s admissions criteria. Carefully read the school’s website to learn about admissions requirements for international students. The application process may involve completing standardized tests, writing an admissions essay, and submitting recommendation letters. Upon the student’s acceptance, the institution will issue an I-20 form (titled “Certificate of Eligibility”). The I-20 certifies that the student has been accepted to a full-time academic program and is financially capable of supporting themselves in the U.S. throughout their course of study. The I-20 also permits the student to apply for an F-1 visa.

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On December 19th, 2014, the highest court in Germany issued a landmark ruling that recognizes German intended parents as the legal parents of children born through surrogacy. The case involved a same-sex couple whose child was born through a surrogate in California. A California court issued a decision that the couple was the legal parents of the child. Upon their return to Germany, the couple petitioned the Berlin courts for a birth certificate listing them as the child’s parents. However, this request was denied because under German law, the California surrogate was considered the child’s mother. The couple appealed the decision, and the Berlin appellate court upheld the refusal to recognize the couple as the child’s parents. The court reasoned that the California court order was null and void in Germany, where surrogacy agreements are against public policy. The appellate court held that German law superseded; therefore only the woman who gave birth could be the child’s legal mother.

The couple further appealed the decision in the Federal Supreme Court, which reversed the previous courts’ rulings. The court ordered that the couple be registered as the child’s legal parents, reasoning that the California court order requires the presumption of validity under the comity principle and that German courts may not question a foreign court’s ruling. The court explained that comity can only be surmounted if the foreign ruling is incompatible with the basic principles of German law. Although German law prohibits surrogacy, the court established that a child born through surrogacy did not control the circumstances of its birth and is entitled to have legal parents. The court also reasoned that denying the couple legal parentage would be incompatible with basic human rights, as the child’s mother is not recognized as such in her jurisdiction and is not prepared to take responsibility for the child.