Since there appears to have been neither a written gestational agreement nor court preapproval in this tragic Texas case, the parentage of the child may be determined under Texas laws predating the state's adoption of the gestational surrogacy standards set forth in the Uniform Parentage Act.
Just signed by Gov. Jerry Brown, the new law is the most significant surrogacy legislation ever enacted in California and may serve as a model for legislation in other states, offering legal protection for family formation via artificial reproductive technology (ART) and surrogacy.
The show features a non-traditional “family” that includes a gay male couple, the surrogate with whom they are having a baby, the surrogate’s young daughter, the surrogate’s disapproving and deeply prejudiced mother, and the daughter’s biological father.
As demonstrated by the state legislature’s commendable move to protect all parties in surrogacy arrangements by passing AB 1217, California non-traditional families are lucky. In contrast, in Salt Lake City, Utah, The New Normal, a new TV sitcom about a gay male couple who are becoming dads via surrogacy, is not even being allowed to air.
The Windsor case highlights one of the most onerous consequences of DOMA, which is the financial penalty same-sex couples incur via estate taxes and loss of Social Security benefits when one partner dies.
An assisted reproduction agreement for gestational carriers (surrogates), containing required information and legally notarized, would have to be executed prior to embryo transplantation or administration of medications used in assisted reproduction; in other words, it would be illegal to execute a surrogacy agreement with the intended parents after the surrogacy was already pregnant, as has occurred in a recent court case.
Assisted reproductive technology methods offer hope to mature couples looking to build a family later in life, when conception may otherwise be a challenge.
The number of gay couples forming families is on a steady rise from previous years. Gay and lesbian couples around the world are finding new hope creating families using ART methods.
How will you share your child’s birth story? The American Fertility Association has some suggestions on speaking with your egg donor child
An estimated 6 million to 14 million children have a lesbian or gay parent. Egg donation, surrogacy and IVF play a major role in forming these modern families who may not have had the opportunity to have children otherwise.
In Astrue, Commissioner of Social Security vs Capato, on Behalf of B. N. C. et al., the Court reversed the decision of the Third U.S. District Court and ruled that Karen Capato is not entitled to receive Social Security benefits for her twins, who were conceived after her husband’s death.
Surrogacy laws vary from state to state. Some states offer no legal standing for surrogacy agreements and only grant court orders on a per-case basis, which leaves would-be parents and surrogates in precarious positions.
Assisted Reproductive Technology (ART) has been used in the U.S. for over 30 years as a means for couples with fertility struggles to start a family. ART includes a variety of fertility treatments, such as in vitro fertilization (IVF).
Legislation under consideration by the New Jersey state legislature, as a result of a recent state Supreme Court case, would help establish parental rights for infertile men or women who become parents via surrogacy.
U.S. Supreme Court to Hear Survivor Benefit Case for IVF Children of Deceased Parents. In vitro fertilization (“IVF”) after the death of a spouse is made increasingly possible due to the fact that the technology exists to freeze gametes and embryos and thaw them later for future use
Rich Vaughn, fertility law lawyer in Los Angeles with International Fertility Law Group, on coming out at 27, finding true love, creating a family and raising children.
New York court upholds and gives full faith and credit to a California judgment of paternity awarded to two men who had twins through gestational surrogacy... despite New York's public policy against surrogacy.
The unanimous 3-0 decision deals a critical blow to Florida's 33-year-old law banning adoption by gay men and lesbians.
The California Supreme Court held in May 2009 that the estimated 18,000 couples who married in California between that court’s marriage equality decision in May 2008 and Prop 8’s passage on November 4, 2008 remain validly married under California law.
Wisconsin Supreme Court Says Insurance Company Cannot Exclude Surrogacy Coverage
Family Planning Documents are drafted to clarify your intentions as to who has authority to make these important decisions regarding your and your child(ren)’s health, medical care, and guardianship in the event of your death or incapacity.
Surrogacy Issues for Non-U.S. Intended Parents. Three 5 minute online interviews with Fertility Law Expert, Richard Vaughn.
If you are undergoing fertility treatment or using assisted reproductive technology to create a family, at some point, you will confront a stack of forms provided by your physician.
Wisconsin Supreme Court to Decide Whether An Insurer Can Deny Maternity Coverage to a Surrogate
In response to a number of situations involving less than scrupulous business practices by some former agencies and escrow companies in the surrogacy field, several intra-industry conversations have been taking place this past year regarding whether to self-regulate the industry
