The Top Ten Things Reproductive Lawyers Can Help You With – Part 2
February 23, 2016 | By: Liz
So in Part 1 we discussed some of the agreements you might need to enter into when building your family through third-party assisted reproduction and how my colleagues and I can help you with them. Now let’s take a look at some of the more obscure but equally important issues that might come up.
back to our top ten list:
(6) Using cryopreserved embryos in the event of a divorce or after a death. Do you know whether you can use frozen embryos after a divorce or separation? Did you know that this is one of the hottest legal issues in third-party assisted reproduction law (Hello Sofia!). What if you want to conceive a child using frozen embryos after your partner dies? Will you be a legal parent? Will your child be entitled to inherit from your partner’s estate, or your partner’s social security benefits? These are some of the most complicated and cutting-edge issues in reproductive law and you don’t have to be Sofia Vergara to regret not having had a thorough discussion with an attorney before you make decisions (or have a pre-conception embryo disposition agreement prepared or even just check off a box on a clinic consent form) that has the power to change your life plans. And heck, just look at Sherri Shepherd and her battle not to have child support obligations. That case just turns my stomach.
(7) Managing money in a surrogacy arrangement: You may be spending over $100,000 in connection with your surrogacy or receiving tens of thousands of dollars in compensation as a surrogate. Do you know where the money is being held? Do you know how and when it is being paid and what documentation, if any is being provided to support the payment? What happens if your agency goes under and the escrow account was held by the agency? Are independent escrow managers necessary and when should you retain one? Do the state laws which govern your surrogacy arrangement provide special rules for how and where money must be held? How do you know if your money is safe?
(8) Doing a home insemination: It may be a more affordable way to conceive your child (and more intimate as compared to the stirrups in your doc’s office), but will you have a legally recognized family if you do a home insemination? Did you know that in some states a doctor must perform the insemination in order to terminate the sperm donor’s parental rights and ensure that the intended parents are deemed legal parents?
(9) Getting your birth certificate: How and when can you get a birth certificate with the intended parents'(s) name(s) on them? Can you get them before the baby is born or only after birth? Do you need to do a second or step-parent adoption? Is the law in the State in which your baby will be born uniform throughout the State or does it vary County by County or even Judge by Judge? Do you know what you need to do, where you need to do it and when you need to do it in order to obtain a birth certificate for your child with your name on it? One of my colleagues has a fairly famous quote from an interview he gave about the fact that the ease with which he can or cannot obtain parentage orders sometimes comes down to the button he pushes in the elevator in the courthouse. Are you walking into a courthouse like that? Do you have any alternative?
(10) Understanding the impact of changing laws: Third-party assisted reproduction is a new and emerging area of the law. Some states have statutes governing egg and sperm donation, and surrogacy, others have only case law (or judge made) law. Some states have statutes or laws which are unfavorable and others have laws which are favorable to different types of third-party assisted reproduction. Some states have outdated laws that may change in the near future. Other states have laws which may be unconstitutional given recent decisions from the United States Supreme Court, but the state may not yet be complying with or adhering to new and evolving constitutional principles. When and how will these evolving laws impact your family building and the recognition of your family, as a family? And as long as we are discussing the status of various state laws, doctors (as much as we love and need them in this process) don’t always fully understand the laws, especially the nuances with which my colleagues and I have become familiar. Just as I would never try and tell my clients what their latest blood test results mean, and my clients should not listen to me with great seriousness when I put on my honorary lab coat, they shouldn’t listen to their doctor’s advice about what they can and cannot do to build their family. Sure, get her opinions on what options you have, but check with someone who actually practices reproductive law before you cross a type of third-party assisted reproduction off your list because your doctor tells you that option isn’t available it to you.
My colleagues and I can help you answer most, if not all of these questions. We can help you make smart (or smarter) choices as you begin the often complicated process of building your family using donor gametes like egg, sperm, or embryos, or with the help of a gestational surrogate. We can protect you in almost all of the scenarios and situations discussed in this top ten list. Reproductive lawyers are here to help you become a parent and help make sure that your legal parent-child relationship and family are recognized by the government and other people who might try to challenge your status as a mom or dad. It’s that simple. And it’s that important.
Filed under: anonymous sperm donation, Birth Certificates, Birth Orders, Current Affairs, Egg Donation, Embryo Disposition, Embryos, Family Building Law, Frozen Embryos, fund management in third-party assisted reproduction, Gestational Carrier Arrangements, infertility in the media, known sperm donation, Parentage Orders, Pre-Birth Orders, Reproductive Law, Reproductive Lawyers, Same Sex Parenting and Reproductive Law, Surrogacy, surrogacy escrow management, Third-Party Assisted Reproduction
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