Archive for the ‘Legislation’ Category

Reaction to Russian Adoption Ban

Posted on December 29th, 2012 in Adoption, Ethics, Legislation, Noteworthy Decisions | No Comments »

http://nyti.ms/VJ2rkH

For years, the international adoption program in Russia has offered thousands of children facing bleak futures the chance to thrive in the homes of loving US adoptive parents. To make a political statement [filled with collateral damage], Russia has now closed this avenue. Additionally, Russia’s throw-in comment that part of its reasoning for this decision is that children have been abused in significant numbers after arriving in the US is nothing more than a nonsensical attempt at justification.

But the Russia ban also raises other issues and exposes long-held myths regarding international vs. domestic adoption. Some adoptive parents are drawn to international adoption out of a fear that domestic adoption means a less secure adoption: one that involves the continued threat that biological parent(s) will “take the child away” after placement. The reality is that if properly handled – with separate lawyers for biological and adoptive parents – and complete documentation/court proceedings, this is beyond a remote possibility. Other times, adopters here in the US are under the false belief that it takes years to locate a suitable situation [birth mother] or that the costs of a domestic adoption far exceed the costs of an international adoption. With smart marketing, the time to placement can be months and not years [though it is hard to gauge with more specificity] and costs – on average – are on a par with most international adoptions.

The “Lightly Regulated” US Fertility Industry: The Myth Continues

Posted on March 28th, 2012 in Assisted Reproduction, Egg Donation, Ethics, Legislation, Surrogacy | No Comments »

Countries – indeed, whole regions of the world – which disallow or severely curtail IVF and/or gamete donation are often mistakenly called “highly regulated” environments. Heavy restrictions, usually with religious underpinnings or simply borne out of a failure to think progressively, hardly constitute regulation. They are more accurately described as prohibitions.

Compared with places like Italy, the Middle East, England and Canada (specifically with regard to paid gamete donation in these last two countries), the fertility industry in the United States has been likened to the “Wild West” – a loosely regulated landscape where anything is possible. This is just not true. The FDA, the mandates of various states vis a vis gamete donation (New York is prominent here), the ASRM (even though it oversteps its bounds with attempts at economic regulation) and the internal administrative policies of many responsible IVF clinics prove that significant regulation exists to shape appropriate conduct and safeguard the health of all IVF patients and egg/sperm donors. I think that we need better and more refined regulation so that we cut the lag time between scientific advancement and policies designed to effectively govern practice. But little regulation in the US? Not the case.

New Jersey: Intended Mother Not Biologically Related to Child Must Adopt

Posted on February 24th, 2011 in Adoption, Assisted Reproduction, Egg Donation, Embryo Donation, Legislation, Noteworthy Decisions, Surrogacy | No Comments »

The appellate division held that a married woman had to adopt her husband’s child.

The child was created with her husband’s sperm and a donor egg.   The resultant embryo was then transferred into a gestational carrier who gave birth to the child.   The married woman argued that if she was artificially inseminated with donor semen, her husband would be considered the legal father pursuant to New Jersey statute.   While the statute does provide for legal recognition of the husband, the Court distinguished this case and required an adoption.

http://www.adoptionblogger.com/adoption_law_blog/2011/02/new-jersey-appellate-division-intended-non-biological-mother-must-adopt.html