Law

A Legislative Approach to the Concept of Parentage in the Age of Surrogacy and Artificial Reproduction

Source New York Law Journal

In March, this column addressed the “Continuing Legal Evolution of the Concepts of Parent and Child,” N.Y.L.J. (March 8, 2018) in a review of the Appellate Division, Third Department’s decision of Jan. 25, 2018 in Matter of Christopher YY v. Jessica ZZ, 2018 NY Slip Op 0049, where the sperm donor, biological father sought access to the child of a feminine same sex couple and the court employed both the presumption of legitimacy of a child born to married partners and the doctrine of equitable estoppel to enforce the donor’s promise to relinquish his rights to the child. The difficult questions resolved by that decision were soon followed by Matter of David S. v. Samantha G., N.Y.L.J. (May 3, 2018) where Family Court Judge Carol Goldstein was presented with a custody dispute surrounding a “tri-parent arrangement” involving a biological mother and the biological father joined by his husband.

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Law

Commercial Surrogacy on Path to Legalization in NJ, NY, but Some Donor-Conceived Adults Oppose the Laws

Source Christian Post

Two populous states are on the path to legalizing commercial surrogacy, a move that’s drawing intense criticism from bioethicists, egg donors, donor-conceived children and pro-life advocates.

Legislation permitting the practice is being considered in New York and New Jersey, and the New Jersey bill, known as bill S482, which recently passed through both houses of the state legislature, is sitting on the desk of Democratic Gov. Phil Murphy.

New Jersey Right to Life is actively opposing the proposed legislation. If Murphy does not sign, veto or conditionally veto it by May 28, it will become law.

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Birth Certificate, Italy, Law

Children of same-sex couples officially recognized in a first for Italy

Source The Local it

Three gay couples in the northern city of Turin have been able to legally register their children to both parents, in a first for Italy.

“Today an important page of history has been written,” said the mother of one of the children, Turin councillor Chiara Foglietta.

Foglietta, who gave birth after undergoing artificial insemination in Denmark, said staff at the public records office had told her “no form exists” to recognize the child’s birth through the procedure, which is subject to strict rules in Italy.

Instead, the staff reportedly told Foglietta she should declare that she had had the baby with a man. On Monday, the councillor said she “cried with joy” after signing the documents in which both she and her partner, Micaela Ghisleni, were recognized as parents of their son.

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Law, Malta

Malta – ‘I had told Muscat I am against freezing, adoption of embryos, and surrogacy’ – Deborah Schembri

Source Independent

Former Parliamentary Secretary Deborah Schembri said she has always been against embryo freezing, embryo adoption and surrogacy and “Prime Minister Joseph Muscat knew (this) from day one.”

Last week Health Minister Chris Fearne presented in Parliament a number of amendments to the Embryo Protection Act. Schembri said that she is in favour with some of them and against in others.

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donor sperm, intended parents, Parental rights, Same Sex, Sperm Donation

The Continuing Legal Evolution of the Concepts of ‘Parent’ and ‘Child’

Source: New York Law Journal

Alton L. Abramowitz

On Jan. 25, 2018, the Appellate Division, Third Department, issued a significant decision in Matter of Christopher YY v. Jessica ZZ, 2018 NY Slip Op 00495. Underlying the court’s determination is the conundrum which it describes as follows: “Application of existing case law involving different-gender spouses, addressing whether the presumption [of legitimacy] has been rebutted, to a child born to a same-gender married couple is inherently problematic, as it is not currently scientifically possible for same-gender couples to produce a child that is biologically ‘the product of the marriage’ [citations omitted].”

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Law, Sperm Donation, Sperm Donor

Judge Dismisses Third Sperm Bank Lawsuit Over Dodgy Donor

Source: Daily Report powered By Law.com

For the third time, a federal judge in Atlanta has tossed out claims against a Georgia sperm bank involving a donor it touted as a highly educated and multitalented but who was really a convicted felon with a history of mental illness.

The order issued Thursday by Northern District Judge Thomas Thrash Jr. closely mirrors two he issued last year, finding that Xytex Cryo International clients who bore children sired by the donor have no basis under Georgia law to sue for “wrongful birth.”

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Law, Surrogacy, Surrogacy Law, Surrogate Mother

SB126: Bill to limit surrogate births stalls in committee

Source: The Daily Universe

SALT LAKE CITY — Lawmakers appeared to be swayed by Utah families — many with babes in arms — who urged lawmakers to reject changes to Utah’s surrogate birth laws. SB126, which would repeal protections and requirements for surrogate births in Utah, was stalled in committee on Feb. 7 The bill’s sponsor, Sen. Lyle Hillyard, R-Logan, sponsored legislation passed in 2005 making surrogate birth legal in Utah under certain conditions. Hillyard is sponsoring SB126 to repeal specifications and protections for surrogate births.

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Ireland, Law, Same Sex

Ireland – Woman speaks of frustration as wife cannot be named on son’s birth cert

Source: RTE

A woman has spoken of her frustration at not being allowed to name her wife as a co-parent on their son’s birth certificate, despite legislation being in place for two years to enable same-sex parents to be named on such documents.

Sarah Stone-McDevitt told RTÉ’s Today with Sean O’Rourke that her three month-old child Lochlann’s rights have been infringed by the fact that she could only put her name on the birth certificate and not her wife Ger’s name too.

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Infertility, Law, Same Sex, Surrogacy, Surrogacy Law, Surrogate Mother

After courts started allowing gay couples to use surrogates, a Utah senator wants to repeal the law he once championed

(Leah Hogsten | The Salt Lake Tribune) l-r Senator Lyle Hillyard, R-Logan listens as Sarah Tuttle gives reasons not to repeal SB126 regarding surrogacy Wednesday, February 7, 2018 in the Senate Health and Human Services Committee at the Capitol. “I would’ve given anything to have been able to carry my own children,” said Tuttle who now has two daughters thanks to a surrogate, Kara Ford, who is now her best friend.

Source: The Salt Lake Tribune

Sen. Lyle Hillyard sat in his chair as Lisa Candie Barlow asked him not to repeal the law that provides her legal protections while she carries her brother’s child.

Barlow is 14 weeks pregnant with a baby that she’ll give back to her brother upon delivery.

She was one of dozens of mothers, fathers and surrogates – including Abby Cox, who is married to Lt. Gov. Spencer Cox – who pleaded with a committee on Wednesday to block Hillyard’s SB126.

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intended parents, Law, Parental rights

Parents Can Now Choose The Sex Of Their Baby Under certain circumstances.

Source: The Fresh Toast

A recently proposed law gives parents the ability to choose the sex of their child when conceiving through in vitro fertilization, a process that’s become more popular over the years.

This choice isn’t given to parents because they’d rather have a boy instead of a girl; it’s a little more complicated than that. The proposed law could only be used in situations where the child is at risk of inheriting genetic diseases.

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intended parents, Ireland, Law, Surrogacy Law

Hopes and dreams for the new law on assisted human reproduction in Ireland

Source: Bio News

The Minister for Health in Ireland on the 3 October 2017 disclosed a decision by Government to approve the drafting of a bill on assisted human reproduction (AHR) and associated research. Three days later a general scheme of the Assisted Human Reproduction Bill 2017 was published. This month, the bill went to Ireland’s Oireachtas health committee for scrutiny (see BioNews 934), after which it will go back to the Irish government for a final bill to be drafted. This is very exciting as it will be the first legislation in Ireland on assisted reproduction: setting up a legislative and regulatory structure under which the practice of AHR may operate.

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Law, South Africa, Surrogacy, Surrogacy Law, Surrogate Mother

South Africa – Surrogacy – too much to bear?

Source: Lexology

Surrogacy – a word recently dragged kicking and screaming into the limelight by the pop-couple Kardashian-West. What caused the outcry? Kim’s decision: the mother of two would not bear their third child herself. Worldwide the topic of surrogacy sparks debate. Leaving ethics aside for a moment, should the legal aspects of surrogacy be influenced by social, political or geographical factors?

Surrogacy is not a concept or practice foreign to South Africa. The Children’s Act of 2005 prescribes that all surrogacy arrangements are to be governed by a “surrogacy motherhood agreement” (SMA), the validity of which must be confirmed by a court. A recent decision handed down by the Johannesburg High Court highlighted a few requirements for such confirmation. The judgment arguably opens the door to social, political and or geographical discrimination.

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Gay Parenting, Law, Singapore, Surrogacy, Surrogacy Law

Singapore sticks with old-fashioned parenting model

Source: BioEdge

A gay couple has created a conundrum for the Singaporean government by attempting to adopt a child born of an American surrogate mother. The two unnamed men, both Chinese, aged 45 with high salaries, paid a California woman US$200,000 to provide an egg and to gestate a baby, who was born in 2013.

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Law, Surrogacy, Surrogacy Law, Surrogate Mother, UK

UK – Surrogate mother and MP: UK surrogacy law ‘outdated and inadequate’

Source: BBC

Sarah Jones – a parent, childminder, four-time surrogate and chair of Surrogate UK – said UK surrogacy law is “unacceptable”

A woman who has been a surrogate mother four times says “urgent changes” are needed to surrogacy law.

Sarah Jones from Epworth, Lincolnshire, backed by MP for Brigg and Goole Andrew Percy, said current laws, set up in the 1980s, are “outdated and inadequate”.

Surrogacy is when a woman becomes pregnant with the intention of giving the child to its parents after birth.

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Law, Surrogacy, Surrogacy Law, Surrogate Mother

Surrogate-born baby’s very life at center of legal fight

Source: wfaa.com

A baby boy born Thursday morning at Medical City Dallas is at the center of a custody dispute between the biological parents, the surrogate who carried the child, and now Dallas County and the state of Texas.

Attorneys for the surrogate, a woman from Collin County who’s successfully served as a surrogate twice before, said she agreed to carry the child for a couple from out of state. But at 16 weeks of pregnancy, doctors discovered the baby had a heart problem.

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Law, Singapore, Surrogacy, Surrogacy Law, Surrogate Mother

Singapore – Where to go, what do to? Family in Singapore’s gay surrogacy adoption case in limbo

Source: South China Morning Post

Out of the three bedrooms in Noel’s home, two have been dedicated to the four-year-old — one for sleeping, the other for toys. There are a lot of toys, mostly gifts from family and friends. Noel is very much the apple of his parents’ eyes, and the extended family’s too. Both sides of the family gather every few weeks in Noel’s home, humouring him with endless games of hide and seek in the 1,450 sq ft apartment.

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