American College of Assisted Reproduction & Adoption Lawyers (ACARAL) » Noteworthy Decisions | ACARAL

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

Adam Sklar — Tue, 14 Jun 2011 02:41:23 +0000

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

Adam Sklar — Thu, 24 Feb 2011 20:11:33 +0000

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

Adam Sklar — Thu, 13 Jan 2011 16:05:24 +0000

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

Sanford Benardo — Fri, 19 Jun 2009 14:33:43 +0000

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.