A “pre-birth order” in surrogacy law is used to establish the legal parentage of a child born via surrogacy and is preferred by many intended parents. However, several U.S. states…
Colleagues in Netherlands celebrated this week the news that at least two Dutch IVF clinics plan to open their doors in 2019 to same-sex couples who want to become parents…
Tens of thousands of LGBT Israelis and their allies took to the streets Sunday, protesting a new Israeli surrogacy law that denies gay men the right to become parents via…
Congratulations to Washington State, which just became the first state to enact UPA 2017, the updated Uniform Parentage Act for use by U.S. states as uniform legislation for parentage laws,…
The headlines have been full recently of the stories of two same-sex couples, one parents of twins, the other parents of sibling daughters, both suing the U.S. State Department in…
Following the U.S. Supreme Court’s June 2015 decision legalizing same-sex marriage in all 50 states, many LGBT parents and intended parents felt a weight lift from their shoulders: Now, surely,…
Navigating the Legal Maze for LGBT Intended Parents and Surrogacy Only a few short years ago, the idea of gay and lesbian couples having the same legal rights to marry…
A July 5 ruling by the French supreme court, or Cour de cassation, has brought some clarity but not necessarily made things any easier for French intended parents seeking French…
As an attorney with a busy practice, a husband and a father of two boys, my days usually fly by juggling responsibilities and deadlines, and there isn’t much time for…
I have the great honor of traveling next week to China and Japan to talk to members of the LGBT communities there about assisted reproductive technology and the legal considerations…
Surrogacy agreements became legal in the District of Columbia for the first time in 25 years on April 7, following Congressional approval of a statute passed by the district city…
A recent crackdown on surrogacy in the Mexican state of Tobasco has forced foreign intended parents to sue the government to receive birth certificates for their children born via surrogacy…
A U.S. District Court ruled Feb. 16 that South Carolina’s refusal to list both parents on the birth certificates of twins born to a married lesbian couple violates the 14th…
For the first time in history, an Italian court has recognized a same-sex couple as legal parents. The gay male couple, who has not been identified, had twin boys seven…
The wheels of progress turn slowly, and in some parts of the world, leaders stand on the brakes, bring it to a screeching halt, then do their best to roll…
Last year we applauded a decision by the European Court of Human Rights that the Italian government violated the rights of an Italian couple in removing from their home the…
In the realm of “good news/bad news,” twin boys born to a gay Italian couple via in vitro fertilization and surrogacy in California will be recognized as Italian citizens, an…
In yet another example of the perils of too-casual sperm donor arrangements, a gay Canadian man who donated sperm to help a medical school friend conceive more than 16 years…
I had the great honor to present last week at Yale School of Law, along with Professor Douglas G. Nejaime (visiting professor from UCLA School of Law), on “The ‘ART’…
A California bill signed into law by Governor Jerry Brown late last week will provide reassurance and peace of mind to California intended parents, particularly same-sex intended parents, as well…
A recent settlement in a federal lawsuit against the state of Texas may benefit LGBT intended parents by establishing the importance of an accurate, valid birth certificate in protecting children’s…
The UK High Court ruled today that UK’s surrogacy law, which bans single people from becoming legal parents via surrogacy, is in breach of the nation’s human rights laws, said…
As more and more intended parents seek to create families via international surrogacy, national governments have been forced to consider their rules for parental recognition and citizenship of the resulting…
Reciprocal IVF (in vitro fertilization) often is chosen by lesbian couples who want to have a child together. In a typical reciprocal IVF scenario, one partner provides the eggs, the…
The Texas Department of State Health Services made headlines last month when it revealed in a court filing that it would begin allowing same-sex parents’ names on children’s birth certificates—although…
Since the June U.S. Supreme Court ruling legalizing same-sex marriage in all 50 states, some LGBT intended parents who want to create families via surrogacy, egg donation or other forms…
In a landmark ruling released Dec. 19, Germany’s highest court essentially has paved the way for German intended parents via surrogacy to have their children recognized. Here is the best…
A number of high-profile cases of malfeasance or unethical activity related to international surrogacy have recently made headlines worldwide, fueling negative misconceptions.
In the wake of the June 26 ruling by the European Court of Human Rights on two French cases, the Spanish ministries of Justice and Foreign Affairs are ordering their consulates to reinstate registrations of children born via surrogacy to Spanish intended parents in countries where surrogacy is legal.
In a groundbreaking decision June 26, the European Court of Human Rights ruled in two cases that France must recognize the parental relationship of parents who have genetically related children via surrogacy in other countries.
New developments in the case of the Kansas sperm donor who, despite the fact he had no relationship or contact with the child conceived as a result of his genetic contribution, was ruled by a Kansas court to be the child’s father.
A do-it-yourself insemination of a surrogate can lead to a host of unintended and unfortunate legal consequences—as one recent U.K. court case shows.
Earlier this month, in a ruling that rocked the worlds of same-sex couples and attorneys alike, a Brooklyn court denied the non-biological mother of a child born to a married lesbian couple the right to legally adopt her child.
The U.S. Supreme Court ruled June 25 on a case related to the Indian Child Welfare Act (ICWA), which was enacted in the late 1970s primarily to protect against the involuntary removal by child welfare authorities of children from Indian families for placement in non-Indian homes. The court decision.
The Gartner family of Iowa received wonderful news on May 3rd when they were notified that the Iowa Supreme Court agreed with them that the Department of Health must include the nonbiological mother of the couple’s daughter on the birth certificate.
In a landmark case, the genetic mother of twins born to a surrogate triumphed over the Irish government, winning the right to be listed as the mother on the birth certificates of her children.
Both ‘traditional surrogacy,’ in which one woman provides the egg and carries the child, and ‘gestational surrogacy,’ in which one woman provides the egg and, after it is fertilized, another woman carries the child, are illegal for all people in Michigan, gay or straight.
The new law provides guidance relating to the manner in which surrogacy agreements must be executed, when medical procedures can be commenced, and where parental establishment cases may be filed--many procedures already utilized by experienced assisted reproduction practitioners but not required by law.
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.
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
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.
