Posts Tagged ‘adoption’
Law and Order Disappoints by Getting the Law WRONG on egg donation and the law as it pertains to same sex couples in NY!
May 13, 2010 | By: Elizabeth
I rarely watch television anymore. I am lucky if I get time late at night to watch something and then I usually elect to watch a re-run of The West Wing. However, the other night DH and I decided to stay up late and watch some television and he put on one of my favorite shows, Law and Order. This episode may have been a re-run but I am not certain; we were watching it on NBC during it’s regular time slot 10-11 pm ET. We only caught the last half hour, the part that always deals with the trial. This fact pattern was very convoluted and revolved around a conspiracy by a doctor and a family to cause someone’s death of cancer at a certain time so that specific amounts of money would pass to certain descendants and not to other people or organizations (I didn’t catch the fact pattern well and it was really intricate). Had the guy died of cancer on his own before some date the defendant and her partner would have inherited ten million dollars.
In the story, the prosecutor decided to use the fact that one of the defendants (who was a daughter of the guy who died and who was supposed to inherit ten million dollars) had conceived a child with her lesbian partner using an egg donor (at least I think it was an egg donor, it could have been that the defendant female partner had donated her eggs to her lesbian partner so that her partner could carry the baby for them to raise together . . . however, the prosecutor kept using the term “egg donor” so I assumed that the couple had used an egg donor and were planning on raising the baby together). To further complicate matters, the lesbian couple had entered into an adoption whereby one partner had adopted the other so that they could obtain insurance together etc. and more relevant to the Law and Order story line, to inherit money together.
The prosecutor wanted to use the fact that the baby, because it was conceived via an egg donor, was not really their child (biological or otherwise) to cut off any inheritance rights the baby might have to the ten million dollars, and thus deny the defendant her right to benefit from the baby inheriting the money.
This had to be a recent episode of Law and Order as the prosecutor is someone new, and Sam Waterston (sp?) is now the District Attorney or is in a more senior role and not trying cases. The law as it pertains to same sex couples in NY has been pretty well established for several years. Adopting an adult for purposes of a establishing a legal relationship between same sex partners is extremely difficult to do, and I believe there are and have been enough other laws that protect or recognize same sex marriages in NY that the adoption aspect of the story line was just plain stupid and offensive (if not legally wrong)! I don’t believe that one adult can adopt another adult. But . . .
Second and more to the point. Law and Order got the law wrong on egg donation!!!!!!!!!!!
Let’s assume first that it was a true egg donation whereby this couple used an egg donor to conceive a child they would parent together (and not that one partner was donating her egg to the other for purposes of conception). In NY, although there is no statute, there is a case that specifically states that woman who gives birth to a child or children conceived via egg donation is the legal and natural mother of that child or children. McDonald v. McDonald, 196 A.D.2d 7, 12, 608 N.Y.S.2d 477 (App. Div. 2d Dep’t 1994) (finding woman who gave birth to child conceived through egg donation to be “the natural mother of the children. . . .”). Indeed, this case and a long line of other cases in NY deal with the presumption that a woman who gives birth to a child in NY is the legal and natural mother of that child.
Law and Order usually has lawyers that check the facts and the law on its episodes. I am absolutely dumbfounded that they got this so wrong. Regardless of whether one member of this partnership donated an egg to her partner or whether they used an egg donor, that baby was the legal child of the woman who was going to give birth to it. Assuming the two members of this partnership had a legal relationship that could be recognized in NY (and maybe I am wrong on the adoption thing, but it seems that in 2010 it is easier to go to MA or Canada and get married than to try and adopt an adult (???) to create a legal union), that baby was a baby of their partnership and their love for one another, and if the baby was delivered in New York City or any of the five boroughs and they were legally married, then both of their names would go on the birth certificate.
This manipulative and legally inaccurate representation of same sex partnership laws, same sex parentage laws, and egg donation is staggeringly offensive and WRONG. Where were Law and Order’s lawyers in this? Do they no longer check that their story lines are factually and legally correct? And if they have lawyers, may I take a guess that their lawyers are 80 year old homophobic men and that the show’s writers must have been on acid when they wrote this episode.
I am anxious to watch a re-run of this show and figure out what the facts were, and to determine just how wrong Law and Order got the law and order of reproductive law.
Filed under: adoption, Egg Donation, Infertility on Television, Same Sex Parenting and Reproductive Law, Thinking Out Loud
Tags: adoption, Egg Donation, hollywood, Law and Order, same sex parenting, television
Taking Baby steps toward baby steps
May 4, 2010 | By: Elizabeth
Today I saw a pregnant woman on my way home from dropping off my son at school. I had been in this really amazing place of feeling overwhelmed with gratitude for my life and my children. I was literally weeping at this vision of a train of school buses leaving his elementary school. I had him in the back seat. This was my dream for years and now I am among those whom I envied. I am a MOM. It was the most beautiful moment and I stopped myself to “appreciate” the appreciation in my heart. I stopped myself to thank the Universe. I looked in the rear view mirror and told my son I loved him. Life was full, rich and I was blessed.
I dropped him off and debated which way to drive home. I opted for the way I came so I might catch a glimpse of those school buses again. I could have chosen a faster route home, and a stop at Starbucks, but I wanted to see those buses and feel that wonderful sense of perfection and rightness again. I wanted to hold onto it for as long as I could. Soon, I knew, the day would interrupt and I would be struggling to find that sense of peace and joy. Maybe I should have taken a right instead of the left and gone to Starbucks. My day sure as hell would have been easier.
Because whammo there she was. She was hugely pregnant. She was wearing a white shirt that barely stretched across her belly. She was big and beautiful and I could see her belly button sticking out from a 1/4 of a mile away. With a sudden intake of breath I went crashing from an emotional space of rightness and calm, free falling my way to the depths of despair. Choose the profane word you like most and insert it here. Mine begins with an “F”.
WHY???? Why does this continue to bug me. Why cannot I get past my need to be pregnant. My life is full and rich, and challenging and amazing and hard and beautiful . . . just as it is intended to be. And yet one siting of a woman filled with the life that I have yet to bear and I turned into a weeping mass of depression. I pulled the car over to watch her for a few moments, turned on the Dixie Chics’ song about infertility, and had a good cry.
I imagine my heartbreak this morning was more real because I recently lost an unexpected pregnancy. I spent a little over a week of my life living in wonder at the miracle of nature and my body that I could conceive at 43 without Lovenox and without donor sperm. According to the ultrasound, I was 5w4d when I found out I was pregnant. I didn’t keep the ultrasound because I didn’t want another reminder. I knew the pregnancy wouldn’t stick. That was too much to ask for. But I did live with this beautiful secret for much longer than I expected to until the inevitable . . . .
Now I am struggling to make sense of this accident. My body is still recovering, and I am sure I am 100% normal in my response to that which I long to have, and see all around me, and all too often. It is Spring and I have always noticed that I see more pregnant women in the Spring. It sucks that so far this experience has been denied to me. I sat in the car praying that one day that the Universe will let me carry a child to term. I also accepted the fact that there is a lot of work and change that I realize I must do if I want to realize my dream (another subject in and of itself).
But what shocks me is that I/we can go from such unbelievable peace, contentment and gratitude to the depths of despair so quickly. This is what infertility brings us. I have been thinking alot about this infertility rollercoaster thing we’re on. I don’t think it’s a roller coaster anymore. I think it’s more like bungy jumping. Every attempt we make at conception or adoption is like diving off a bridge with a seemingly thin rope tethered to your ankle. Will the rope be strong enough to pull us up before we hit the ground? Is it short enough to prevent us from smashing into the ground or will we crash and burn? There is so much faith that goes into that bungy jump, so much strength and bravery that we need in order to let go and try and feel the sensation of falling safely. Or to try and feel the the glory of the wind rushing past our face and facing the risks and fears that the “velcro” won’t stick. My velcro didn’t stick this time and boy did I crash and burn.
But I learned something too. I learned that I don’t want to give up my dream of carrying a child. I’m willing to do the work and face the risks inherent in striving for this as my reality. I learned that I am willing to dive off of the bridge again. In fact, I am craving and longing for that opportunity. I am officially no longer risk adverse and have put nothing but my happiness and the desire to fill each and every one of my dreams — not just being pregnant, but all of what I need and want as a person but have been too afraid to ask for because of what it might mean to the rest of my life, or how it might impact the rest of my life. I decided that my children deserve a happy mother, not just a good mother but one who is happy and fulfilled by all aspects of her life and her being-ness. Indeed, I think now that if I hadn’t had the miscarriage I might have failed to teach my children a valuable lesson: to believe in yourself and your dreams. I discovered I am brave and strong.
I know now with a certainty that words cannot convey that my children came to me out of my faith that I would be a mother; that the events and circumstances in my life have all had meaning both in the way they came to be and because of the time at which they were realized. The Universe plays a roll in everything that happens, there is no coincidence to anything that has happened to me. All of it was part of my own divine inspiration. And with that divine inspiration I will get to a place where I am standing on top of the bridge again waiting to feel the rush of wind, the freedom in the free fall and the unknown, and the joy and terror of staring my demons in the face and waiting to feel the cord tied around my leg catch me as the velcro finally sticks. There is more to my journey through infertility. Of that I am certain. Of the outcome, I am certain in that too.
I have spoken with three clients today. All of whom feel as I do. That the journey seems too hard but that there must be purpose to it. One client left me the most beautiful voice mail last week, thanking me for being a part of her family’s journey and telling me not to give up on my own (she didn’t know about the miscarriage but she must have sensed that I have been depressed and struggling with many different issues in my life and my family). She also said that she knew one thing with certainty, that their journey was enriched by knowing me. I was moved to tears. My experience as a woman, as a lawyer, as an infertility patient are enriched by each of my clients. As I help them with their contracts, with their search for a birth parent, with the daily ups and downs that come on this path, I learn new ways of expressing hope, of finding peace in each moment, of being grateful for what I do have and in renewing my faith in what is possible. I am as grateful for each of my clients as I hope one day they will be (or are) for the work that I do for them. But no one has ever expressed their appreciation or gratitude as she did. I know I am doing exactly what I was intended to do and I would not be doing this work had I not endured 4 IUI’s, 7 attempted (six completed) IVF Cycles, 3 adoptions, and now ten miscarriages. It all had purpose.
This morning as I sat in my car having my cry I wondered why it is so hard (as the Dixie Chics sang so eloquently). Is there is a reason it is so hard? And I realized that there is a reason. It is because it’s part of learning that the process doesn’t have to be hard. I can instead choose to believe in the outcome I want. What is hard is the fact that we don’t allow ourselves to believe in what is possible. And in not believing in what is possible, we prevent it from taking place.
It is not easy to go from the pain and grief I felt this morning to having total and complete faith that my dream will one day be a reality. But if I don’t hold steadfast to that dream and believe in believing, the velcro will never have a chance to stick. These last few months I have discovered a place inside me that is strong and fearless. I know without a doubt that I have the power to create my dreams. I am glad I saw that pregnant woman this morning, and I am glad that I spent time weeping for the child I just lost. But that child is a reminder that my body works, that my dream is alive, and that I am moving closer to it. We are all moving closer to it, as long as we create the vision and believe it will happen, we are moving toward its’ creation. In this case, it’s the creation of our child and/or our family.
It’s okay to have hard days. The hard days make us understand how worthwhile the journey is and make us appreciate the easy days more. Today, I am taking baby steps toward my next baby’s steps. I don’t know when, but I do know it will BE. What I can’t do is allow the hardness of the process overtake the belief in its outcome.
If you too are having a hard day, remember that you’re not alone. And remind yourself to hold onto your dream and to make it more and more vivid every day. Your baby, and mine, are coming. In their own time and their own way. As it is meant to be. I wouldn’t have met all these wonderful men and women if it wasn’t for the way it had to be. I wouldn’t change a thing. Not even the baby that I just lost. S/he taught me an incredible lesson. To have faith in myself.
It may sometimes take baby steps to get through the day, or the week or the month. But each little baby step is one GIANT step closer to the reality you envision. Believe yourself. Believe your dream. Don’t give up.
Filed under: Faith and Infertility, Peace to Parenthood, Personal Musings, The Journey to Parenthood, Thinking Out Loud
Tags: adoption, biological clock, faith, hope, infertility, Inspiration, intent, IVF, miscarriage, Peace to Parenthood, personal, pregnancy, success, visualization
What do the Academy Awards and the Dixie Chics have to teach us about Infertility?
March 8, 2010 | By: Elizabeth
I have decided that the Dixie Chics have the best infertility anthem ever; the song “So hard”. Actually that entire album is great when you are down on your child bearing capabilities or waiting for a baby. I was listening to it this morning at the dog park and I was thinking about the comments Celine Dion got on her story in People Mag, and on an unsolicited series of communications I received from a partner at a law firm I used to work for. He linked to me in Linked In and proceeded to accuse me of committing all sorts of sins by helping people have babies through IVF and even domestic adoption. Much as one reader criticized Celine Dion for not adopting internationally, this man accused of me “moral relativism” (whatever that is) and said that IVF was conceited. Yeah, well, to each his own I guess. Quite frankly, to all those people on high horses thinking they have done something god like because they rescued a child from an orphanage somewhere like Russia, I ask what about all the children in foster care in this country? I think The Blind Side (the movie Sandra Bullock won her oscar for last night) is an incredibly eye opening story about what Americans are not seeing in their own country, and how children are suffering here. And Precious. OMG.
I mean really, you want to accuse me of moral relativism for going through 7 IVF cycles, 10 miscarriages, and three domestic adoptions (only two of which resulted in permanent placements, and my gorgeous beautiful babies), fine so be it, but don’t give me some holier than thou BS, you want to do good and say you are superior to me, adopt an older child from the foster care system, someone who has been abused or abandoned. Sandra Bullock thanked all those very wise and strong people who have loved a child that was otherwise left without hope. Indeed two of the Best Picture nominees, The Blind Side and Precious, would be movies I suggest the people who criticized Celine Dion and the gentleman who accused me of having poor morals, watch and think about.
Do you really think that any single one of us has the right to judge the other? Especially when it comes to something so intimate like family building. I don’t believe it’s conceited to want to feel a baby grow inside me. I don’t believe it’s conceited to want to adopt a newborn, nor do I think the vast majority of birth mothers in the US are “coerced” (as that gentleman alleged) by other people into placing their child for adoption. They may be economically coerced, they may be coerced by the life they are stuck in, but any birth mother that can make the self sacrificing choice to place her child with another family to give that child a better life (whether in this country or another) is someone truly worthy of being called a hero. And the international adoption community was until recently (and may still be) rife with black market baby stealing, and ethical issues that the Hague was designed to prevent. No system of child bearing, family building, whatever you want to call it is better than another. None of us are morally superior to the other. None of us. We all have to walk our own path.
And as the Dixie Chics understand very well, for most of us infertile people, that path is So hard.
So do me a favor. Lay off Celine Dion for trying to have another baby through IVF. Lay off me for trying to help people have children however they choose to do so. My goal is to build families and to return the gifts that have been given to me by Dr. Chung (a gift to his patients and reproductive science), all the amazing people at Cornell (M. and L., Dr. Rosenwaks and Dr. Spandorfer), my husband, my children’s birth parents, just to name a few of the people who have blessed me.
And know this, my office, my practice, my agency, are and will always hopefully be a safe haven for my clients. I promise never to judge you. I promise to help you achieve your dreams (even if that means working with another agency, lawyer, whatever) . . . I am paying my blessings forward (as another great movie would say). Moral relativism or not.
And what the hell is moral relativism anyway?
Filed under: Thinking Out Loud
Tags: actresses, adoption, Birth Family, Domestic Adoption Planning, hollywood, infertility, Inspiration, movies
