"surrogacy laws"

August 23, 2017

Israel to Hear Arguments on Surrogacy for Same-Sex Couples

blog_rainbowflag1-300x199 While surrogacy is not legal in many parts of the world, there are also countries, like Israel, that allow some, but not all citizens, to become parents through surrogacy. Under current Israeli law, only heterosexual partners can enter surrogacy agreements, with an amendment in the works that would allow single woman to legally use surrogacy. This means that in Israel, same-sex couples and single men cannot become parents using a surrogate.

In 2015, two activist groups filed a petition to get rid of the ban on surrogacy for same-sex couples. The hearing was scheduled for July 20, 2017, but has been pushed back to September 19, 2017. The Israeli Welfare and Social Affairs Ministry has said they “will take the position that the prohibition on same-sex surrogacy is not about discrimination, and it is more complicated.” They are suggesting a complete redo of the current foster care system, and argue that “only after the reform should lawmakers be asked to change the laws in favor of additional groups.” Udi Ledergor, Chairman of the Associates of Israeli Gay Fathers, said “We will continue to fight until we have removed the darkness and discrimination.” Check back on our blog in the coming months for more information on the Ministry’s decision, as it becomes available.

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.

July 19, 2017

Michele Jackson and Katherine Schwartz to Present CLE at Indiana State Bar Association Brown Bag Series

by Harden Jackson, LLC

MJ-Avvo-200x300 KVPhotoWebsiteNew-200x300 Harden Jackson attorneys Michele Jackson and Katherine Schwartz will present the CLE “Hoosier Baby? An Intro to Assisted Reproductive Technology (ART) Law in Indiana on July 28^th, 2017 from 12:00 PM-1:00 PM as part of the Indiana State Bar Association Brown Bag Series. The presentation will take place at the Indiana State Bar Association office, One Indiana Square, Suite 530, Indianapolis, Indiana 46204. This CLE, available live and as a Webinar, is geared toward judges, family law practitioners, and professionals interested in learning about the rapidly growing field of

Assisted Reproductive Technology (“ART”) law. If unable to attend in person, a live stream is available as well. Click here to register and view more information.

The official description of the CLE is as follows:

July 12, 2017

Large Companies Increasing Fertility Benefits

by Harden Jackson, LLC

Social 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.

June 14, 2017

D.C. Reverses 25-Year-Old Surrogacy Law

by Harden Jackson, LLC

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.

April 10, 2017

The Supreme Court of Iceland to Rule on First Surrogacy Case

by Harden Jackson, LLC

In 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.

December 2, 2016

Spain Gives Green Light for Paid Maternity Leave for Parents of Children Born Through Surrogacy

by Harden Jackson, LLC

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.

August 23, 2016

An Update on Gestational Surrogacy Trends in the United States

by Harden Jackson, LLC

As 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.

June 3, 2016

The Constitutionality of Commercial Surrogacy

by Harden Jackson, LLC

A California woman, Melissa Cook, who agreed to act as a surrogate for a single man, is seeking custody of one of the children after giving birth to triplets. The intended father allegedly requested a reduction, as he only wanted twins. Cook is challenging the constitutionality of a clause in the contract that allegedly allowed the intended father to request a reduction.

Californian law currently permits commercial surrogacy, but Cook is aiming to change that, hoping that the court will deem both the contract and the law unconstitutional. Cook’s lawyer claims that children born through a surrogacy arrangement have a “fundamental right to get to know and love their mother,” and that the current law in California violates that right.

After a state court ruled against her, Cook appealed and is now waiting for a decision. The court will determine whether a surrogate mother has any parental rights and whether commercial surrogacy is constitutional. The court will also consider whether a surrogate may be sued for damages by an intended parent.

May 13, 2016

Be Wary of Misleading Representations of Surrogacy in the Movies

by Harden Jackson, LLC

Last 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.

January 22, 2016

Legal Parentage in Surrogacy: Where Should I File?

by Harden Jackson, LLC

Once the gestational surrogacy agreement is executed, the legal work is not always complete. Depending on the state, Intended Parents may need to establish their legal parentage in the courts. Intended Parents pursuing this route file pleadings with the court and then obtain a court order declaring their parentage (assuming the court grants their petition). The terms “pre-birth order” or “post-birth order” may come to mind here, and Intended Parents should consult with an attorney to determine what the state’s laws permit as well as what type of court order they should seek. This begs the question of where the Intended Parents should file for parentage.

Intended Parents should file for parentage in the state where the child is born. They must complete all of their court pleadings and any other necessary legal documents in accordance with the laws of that state. This is especially important to note for Intended Parents who live in a different state than the Gestational Surrogate. It’s imperative that Intended Parents consult with an experienced reproductive law attorney who is familiar with that state’s surrogacy laws to assist them with filing for parentage. Remember that surrogacy laws vary among the states, and each state may have different procedures to establish legal parentage.

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 assisted reproductive technology law. For more information, please contact us at 317.569.0770 or www.hardenjacksonlaw.com.