Articles Tagged with surrogate

nevada-43769_960_720-215x300Nevada recently passed a new law that significantly improves surrogacy and adoption laws in the state. First, it gender neutralizes all adoption and assisted reproductive technology statutes. The law, effective July 1, 2017, will now refer to an “acknowledgment of paternity” as an “acknowledgment of parentage.” This strips away the old language and allows the law to recognize the variety of family types and structures that exist today. Nevada attorney Kimberly Mae Surratt, who helped get these laws passed, commented, “we gender neutralized every single statute in the State of Nevada and it was done with bipartisan support.” The changes in adoption laws include that petitioners to an adoption don’t have to live in the state of Nevada to adopt in the Nevada, which used to only allow non-residents petitioners to adopt if the child was in custody of an agency which provided child welfare services.

This new statue also expands the ability to obtain a parentage order in the state. In surrogacy arrangements, parentage orders can now be obtained in these situations: the child was born in Nevada or is anticipated to be born in Nevada; the Intended Parents reside in Nevada or resided there when the contract was executed; the Gestational Carrier resides in Nevada; the contract was executed in Nevada; and medical procedures were performed in Nevada. This long list of ways to obtain a parentage order largely facilitates the surrogacy process for all parties involved. Nevada is one of few states that have recently made large leaps in dispensing with old laws that address family building; replacing them with much more progressive ones.

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.

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.

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.

Gavel and Earth2.jpgOnce 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.

By Michele Jackson

Thumbnail image for MLJ headshot.jpgA recent Court of Appeals ruling in Indiana has created some confusion on the Indiana Court’s view on establishing parentage in some surrogacy cases. The court ruled that a married woman who acted as a surrogate for another couple cannot petition to disestablish her maternity because it would cause the child to be “declared a child without a mother”. The issue arose In the Matter of the Paternity and Maternity of Infant T.

For the past two years in Indiana, I have been successful in petitioning paternity and maternity for an intended father and intended mother based on the case In re Paternity & Maternity of Infant R. While this case was specific to biological parents, it did not prohibit the use of the process when using egg donor or sperm donor and thus I was continually successful in using the same process. However, based upon the recent case, this option may not be possible. It appears from a strict interpretation of this case, if a donor is used, then the gestational surrogate will be the legal mother until an adoption takes place, as the state will not allow for a child to not have a legal mother. While I believe that the courts will continue to accept the petitions for paternity and maternity, even after this decision, I want to make it clear there is a more significant legal risk for intended parents using donors.

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.