Archive for the ‘Noteworthy Decisions’ 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.

New Jersey – Woman Who Conceived Child With Donated Sperm and Turkey Baster Could Not Terminate Sperm Donor’s Parental Rights

Posted on June 13th, 2011 in Adoption, Assisted Reproduction, Noteworthy Decisions | No Comments »

A New Jersey Court refused to terminate the parental rights of a sperm donor at the request of the donor and the mother of the child who was conceived with the aid of a turkey baster.

Opinion available below:

#Opinion

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

Connecticut Supreme Court Honors Gestational Surrogacy Agreement Establishing Parentage

Posted on January 13th, 2011 in Assisted Reproduction, Noteworthy Decisions, Surrogacy, Technology | 1 Comment »

The Connecticut Supreme Court, on January 7, 2011, held that a gay man, not biologically related to his twins, could have his name placed on their birth certificates establishing legal parentage over them along with the twin’s biological father.  This decision, if structured properly through an attorney, means that a gay family utilizing gestational surrogacy in Connecticut will no longer need to have the non-biological parent adopt the child in a second-parent adoption.

See   http://adoptionlawyer.typepad.com/adoption_law_blog/2011/01/parentage-for-gay-men-granted-without-adoption-by-connecticut-supreme-court.html

Egg donation, stem cell research and ethical compensation

Posted on June 19th, 2009 in Egg Donation, Ethics, Noteworthy Decisions | No Comments »

Pay egg donors for contributing to stem cell research?  New York became the first in the United States to say yes:

New York has become the first and only state to opt to pay women for eggs donated for human embryonic stem cell research. The Empire State Stem Cell Board (ESSCB), which oversees New York’s $600 million stem cell research program that was launched last year, came to the decision last week (June 11) following “extensive deliberation” from its ethics committee. (“NY to pay for eggs for research,” TheScientist.com, June 17, 2009)

In an interesting twist, New York – a state that forbids compensated surrogacy – has now determined that it is acceptable (ethically) to compensate women for donating eggs to be used for clinical research.  Perhaps the distinction is that legislators (I’d venture to guess from upstate territories) were behind New York’s statutory prohibition on commercial surrogacy, while more enlightened scientists and other interdisciplinary professionals who make up an ethical review board are behind this latest ruling.  ASRM compensation and procurement guidelines will continue to control.  A pioneering move sure to generate controversy.