Articles Tagged with “surrogacy in Indiana”

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.

when-the-bough-breaks.jpgLast week, one of our staff members went to the movies and saw a trailer for a film called “When the Bough Breaks.” The movie features a married young professional couple unable to conceive naturally, so they decide to pursue surrogacy. They match with a seemingly perfect surrogate and she becomes pregnant with their child. As her pregnancy progresses, she develops an obsession with the intended father, and attempts to seduce him. When he dismisses her advances, she becomes psychotic and threatens to hurt the baby. According to the official synopsis, “the couple becomes caught up in [the surrogate’s] deadly game and must fight to regain control of their future before it’s too late.” Sony Pictures Entertainment is marketing the film as a thriller, using the tagline “Find out how #ItAllWentWrong.” Our staff member was not only appalled by the entire plotline, but also by disturbing scenes such as one where the surrogate dangles a knife over her belly after the intended father rebuffs her advances.

While such plots make for juicy storylines that may attract moviegoers, these depictions of surrogacy are inaccurate and misleading. Surrogacy is normally an overwhelmingly positive experience for both the intended parents and the gestational surrogate. Gestational surrogates are scrupulously screened by agencies. Many fertility clinics require that the intended parents and the surrogate complete a mental health evaluation prior to starting the surrogate’s medications. The parties must usually stipulate in their surrogacy agreement that they have undergone mental health evaluations and that they have discussed the potential psychological risks with a mental health professional. In the unlikely event that something goes wrong, it hardly resembles the plot in “When the Bough Breaks.” More realistic issues that may arise can include disagreements during the contract negotiation phase, pregnancy complications requiring bed rest, or insurance-related uncertainties. Agencies, clinics, physicians, attorneys, social workers, and other professionals work tirelessly to ensure that gestational surrogacy arrangements are based on the underlying principle of good faith. While the emergence of problems in a surrogacy is not inconceivable, the level depicted in “When the Bough Breaks” is extreme and sensationalized.

To those who enjoy thrillers and plan to “find out how #ItAllWentWrong” when the film hits theaters in September, we encourage you to keep in mind that this movie does not accurately represent surrogacy. For an excellent and thought-provoking read on another recent misrepresentation of surrogacy, this time on television, check out this blog post by attorney Rich Vaughn from the International Fertility Law Group.

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.

Thumbnail image for 1252251_maternity_photos.jpgThe National Infertility Association will recognize National Infertility Awareness Week®, April 21 through April 27, joining millions of women and men fighting the disease of infertility, professionals and other thought leaders to promote greater awareness about infertility. For National Infertility Awareness Week®, Harden Jackson will focus our activity on educating both professionals and families on issues relating to infertility. Harden Jackson is dedicated to assisting couple and individuals achieve the dream of building a family. We provide sound legal advice for an oftentimes confusing and emotional journey. There are quite a few different ways to bring a child into your life. While certainly not comprehensive, the following information can help you understand more about the different ways you can build your family.

Surrogacy – Surrogacy is an assisted reproductive technology which provides an option for individuals or couples who are unable to conceive or carry a child. Advances in reproductive methods including in vitro fertilization (IVF) provide alternatives for creation and implantation of an embryo for pregnancy. A surrogate agrees to become pregnant for the purpose of giving the child to another individual or couple (the “intended parent(s)” or “IPs”). Parties to a surrogate arrangement typically enter into a surrogacy contract (or surrogacy agreement) which details the terms of the process including costs.

Egg or Sperm Donation – Surrogacy can also involve egg and/or sperm donations. If you are using an egg or sperm donor for your surrogacy process, most agencies or REI doctors will require a legal contract to address the responsibilities of both the Intended/Recipient Parent(s) (IPs) and the donor. The contracts provide protection for all parties by detailing compensation and responsibilities and help clarify expectations.

We are continually reminded that many prospective parents and Assisted Reproductive Technology (ART) professionals believe surrogacy can’t happen in Indiana. Indiana has strong case law on the establishment of parentage in biological parents through surrogacy. Additionally, our firm has implemented the same process when using donor egg and/or sperm. Our firm files for parentage in many surrogacy cases per year and has not had any denied to date. It IS happening in Indiana, but not without some legal risks.

8-10-09 249.jpgThere remain old surrogacy statutes that indicate surrogacy is against public policy. These statutes were written under the idea of traditional surrogacy (In a traditional surrogacy, the surrogate becomes pregnant with her own biological child, which has been conceived with the intended biological father or donor sperm) only and did not contemplate gestational surrogacy (In a gestational surrogacy, the surrogate has no genetic link to the child/ren she is carrying; rather, the egg is provided either by the intended mother or an egg donor). There have not been any gestational surrogacy contract disputes in the State of Indiana for judicial publication. We do have an antiquated surrogacy law, but in practice judges are following the more current case law and there has been support shown by the judiciary for surrogacy evidenced by their signing of the necessary documents.

Indiana has a strong position that biological parents of a child born through gestational surrogacy will be given parental rights. There are legal risks that would need to be considered when using a surrogate in Indiana. Also remember, that we represent nearly 50 clients each year in these matters and have not encountered any negative responses from the Court and have been successful in establishing parentage. We have had wonderful success for many families using surrogates in the State of Indiana.

Surrogacy is a family building option for those who want a child and have not had success with other assisted reproductive technology (ART) treatments. There are two types of surrogacy — traditional and gestational — that are practiced today.

In traditional surrogacy, the surrogate is both the egg donor and surrogate, and is therefore genetically related to the child. The surrogate carries an embryo that was created with her own egg and the sperm of the intended father who, with the intended mother, will obtain legal and physical custody of the child. Traditional surrogacy can be accomplished either by intrauterine insemination (IUI) or by in vitro fertilization (IVF). The Traditional Surrogate is inseminated with the Father’s or Donor’s sperm monthly at ovulation until pregnancy occurs.

In gestational surrogacy, the surrogate gives birth to a baby created with an egg and sperm from the “intended parents,” or the embryo can be created from a donor egg and/or donor sperm. The majority of surrogates today are gestational carriers and have no genetic relationship to the child born from the arrangement. IVF is used to fertilize the eggs in a laboratory. If the fertilization is successful, a fertility doctor transfers some or all of the resulting embryos (usually two or three) into to the surrogate’s uterus. After delivery, the gestational surrogate immediately surrenders the baby to the intended parent(s).