Lesbian mum in Italy told baby won’t be legally registered because she is gay

A woman claims she has been told her newborn baby will not be legally registered because she is gay.

Chiara Foglietta, a councillor in the Italian city of Turin, says authorities won’t recognise her baby, because he was conceived through artificial insemination.

Due to Italian laws, fertility treatments are only available to heterosexual couples.

When she and her partner, Micaela Ghisleni, tried to register their son Niccolo Pietro after his birth on Friday last week, she was told to say she had had sex with a man.

In a Facebook post, Ms Foglietta said she was told by authorities: ‘You must declare you had union (sexual relations) with a man to register your son.

‘There is no form to say you had artificial insemination.’

She said the legal black hole is due to a 2002 ministerial decree that does not foresee that a woman, rather than a heterosexual couple, would seek artificial insemination.

Ms Foglietta used artificial insemination in Denmark to get pregnant, with sperm donated by an anonymous man.

She was told she could lie about the child’s origins but she refused, writing on Facebook: ‘Every child has a right to know his own story.’

She argued that her son came into this world because she and Micaela had wanted a child, and that ‘he is our son’.

Further in her post, Ms Foglietta urged people to do more to tackle the issue.

‘You have an important role and you can do so much more. We can do more together,’ she said.

‘Not for me, but for Niccolo, for all rainbow children, for families who do not have the same strength to face these battles, for the children of single women and those with partners who have chosen medically assisted procreation with external donor and want to tell the truth.’

Metro.co.uk buy , April 22, 2018

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Mississippi high court issues pro-LGBT decision

Mississippi is one of those deep South states that really did not want to allow same-sex couples to marry.

It didn’t want them to adopt children either. And even after the U.S. Supreme Court said states had to let same-sex couples marry, Mississippi fought back for a while to try and keep them from divorcing. So maybe it wasn’t such a big surprise recently when a state court ruled that the non-biological mother of a child born in Mississippi to a lesbian couple married in Massachusetts but now divorcing shouldn’t be able to claim any parental rights.anonymous donor

That’s what happened in 2016. A chancery (or family) court in Mississippi ruled that a child born to a lesbian couple using insemination of an anonymous donor’s sperm was the child of the biological mother and the anonymous sperm donor –not the biological mother’s same-sex spouse.

But on April 5, the Mississippi Supreme Court, one of the most conservative in the nation, ruled unanimously that was the wrong result.

The nine-member court ruled that, because state law prohibits a father from “disestablishing” his paternity to a child conceived by alternative insemination, “the Legislature never intended for an anonymous sperm donor to have parental rights in a child conceived from his sperm –irrespective of the sex of the married couple that utilized his sperm to have that child.”

Beth Littrell, the Lambda Legal attorney who represented the non-biological mother in this case, Strickland v. Day, said that, while the decision is binding only in Mississippi, it can have impact elsewhere. Littrell said it can “help fill the void left by many states when it comes to the rights of children born via [alternative insemination].” And, she said, “it also is significant because it was rendered by a conservative southern state’s court of last resort….”

The Mississippi Supreme Court, said Littrell, “not only added weight to the consensus that biology alone does not establish parentage but did so in a gender-neutral way that recognized that the parties were a legally married same-sex couple at the time the child was born notwithstanding that it was years before Mississippi was forced to recognize marriage equality.”

Mississippi was forced to recognize marriage for same-sex couples in 2015, after the U.S. Supreme Court ruled (in Obergefell v. Hodges) that state bans against equal marriage rights for same-sex couples violates the federal Constitution’s guarantee of equal protection.

Subsequent to Obergefell, some states –particularly deep South states—tried to buck against that ruling. Mississippi tried to continue enforcing its state ban against allowing same-sex couples to adopt, and it passed a law allowing businesses to deny services to LGBT people and same-sex couples. That latter law is still in effect. Arkansas tried to bar a woman’s name from the birth certificate of a child she had with her same-sex spouse, the child’s biological mother. The U.S. Supreme Court reversed that decision, in Pavan v. Smith, but now the case is back before the U.S. Supreme Court because the Arkansas Supreme Court denied the couple’s right to recover attorneys fees.

And though the Mississippi Supreme Court decision in the current case, Strickland, is not binding outside Mississippi, Littrell said “it is persuasive authority that should be helpful whenever any court considers marriage equality, the retroactive application of Obergefell v. Hodges and the parental rights” of couples who use alternative insemination.

 

by Lisa Keen, keennewsservice.com, April 10, 2018

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Arizona Governor Signs New Human Embryo Law

When a couple is unable to conceive naturally or medical treatments — like chemotherapy — make future pregnancies unlikely, there are a variety of fertility options available, including harvesting a woman’s eggs, freezing them and using them at a later date.

Up until now, reproductive fertility law specialists in Arizona would help couples navigate any tricky ethical issues that might arise in the future, like what happens if you split up or divorce before you decide to use the eggs.Arizona Embryo

But, a new law signed Tuesday by Gov. Doug Ducey has the potential to upend any contractual agreements written between husbands and wives or domestic partners, and dictates who is allowed to keep frozen eggs after a breakup.

Cathi Herrod, President of Center for Arizona Policy, said the new human embryo law helps make the law clearer and it is a positive step for Arizona.

“Just like a judge will decide when there are disputes over property, disputes over who gets the family dog — now who gets the family embryos will also be decided by a judge according to the law,” Herrod said.

by Lauren Gilger, KJZZ.com, April 4, 2018

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NY requires infertility coverage for all

New York’s health insurers will be required to provide coverage for fertility treatment regardless of marital status or sexual orientation, according to new state guidelines.

The state Department of Financial Services unveiled the new guidelines Wednesday, circulating a letter to insurers across the state making clear that they can’t restrict fertility-related coverage if the patient otherwise qualifies.health insurance

“All women who wish to have a child are entitled to insurance coverage for fertility treatment regardless of their sexual orientation or marital status, just as all women have the right to reproductive choice and to decide if and when to start a family, and New York will always stand up to protect and preserve those rights,” Gov. Andrew Cuomo said in a statement.

The new guidelines are based on the state department’s interpretation of “infertility.”

State law requires insurers to cover treatment for infertility and use the American Society for Reproductive Medicine’s definition of the term to determine when fertility-treatment coverage kicks in.

he society defines infertility as the “failure to achieve a successful pregnancy after 12 months or more of appropriate, timed unprotected intercourse or therapeutic donor insemination.”

But that definition is silent on marital status and sexual orientation, which the state’s new guidelines attempt to clear up.

Under the new guidelines, insurance companies must provide coverage for all individuals who meet the society’s definition of infertility, regardless of their sexual orientation or relationship status.

“If an individual meets the definition of infertility and otherwise qualifies for coverage, then an issuer must provide coverage regardless of sexual orientation, or marital status or gender identity,” Financial Services Superintendent Maria Vullo said in a statement.

by Lindsay Riback, The Journal News, 4 /19/2017

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Transgender Woman Breast-Feeds Baby After Hospital Induces Lactation

When a transgender woman told doctors at a hospital in New York that she wanted to breast-feed her pregnant partner’s baby, they put her on a regimen of drugs that included an anti-nausea medication licensed in Britain and Canada but banned in the United States.

Within a month, according to the journal Transgender Health, the woman, 30, who was born male, was producing droplets of milk. Within three months — two weeks before the baby’s due date — she had increased her production to eight ounces of milk a day.three-parent baby

In the end, the study showed, “she was able to achieve sufficient breast milk volume to be the sole source of nourishment for her child for six weeks,” according to the journal.

Dr. Tamar Reisman and Zil Goldstein, a nurse practitioner, of the Mount Sinai Center for Transgender Medicine and Surgery in New York, say the case illustrates that, in some circumstances, modest but functional lactation can be induced in transgender women who did not give birth or undergo surgery.

“We believe that this is the first formal report in the medical literature of induced lactation in a transgender woman,” said the study’s authors, Dr. Reisman and Ms. Goldstein, a transgender activist and program director at the center. They were not immediately available for comment on Thursday.

New York Times by Ceylon Yeginsu, February 15, 2018

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Colorado Supreme Court to weigh if one parent has the right to use frozen embryos if the other objects

During three emotional days of divorce talks, Drake and Mandy Rooks managed to agree on how to divide up almost every aspect of their old lives down to the last piece of furniture. Only one thing remained: the frozen embryos.

There were six of them, created from his sperm and her eggs, and they had been left over from when the couple had gone through in vitro fertilization some years earlier.

The couple had had three children using the technology, and Drake was done. He didn’t want any more children in general, and certainly not with Mandy. She felt differently. She had always imagined a large family and, given her trouble getting pregnant, she thought the embryos were her only hope for having more babies. She wanted them preserved.

The dispute is one of a number of embryo-custody battles that have landed in the courts over the past quarter-century, resolved by different judges in different states with no consistent pattern. Rulings sometimes have awarded the frozen contents to the parent who wanted to use them, while other times determining that they could be discarded.

On Tuesday, the Colorado Supreme Court will hear oral arguments in the Rookses’ case. Although several other cases have made their way to states’ high courts, legal experts say the issues here are different.donor conceived

“Constitution questions are front and center in a way that they have not been in the other cases,” said Harvard law professor Glenn Cohen. And if the judges decide the Rookses’ dispute on such grounds, that would allow it to be appealed to the U.S. Supreme Court – where a ruling would apply nationwide.

Cohen said the central issue focuses on how to balance one person’s constitutional right to procreate with another’s countervailing constitutional right to not procreate. The question parallels similar arguments used in other reproductive health cases, namely the Supreme Court’s landmark 1973 abortion decision in Roe v. Wade. If women have the right to not be forced to be a gestational parent, do men – or women – have the right not to be forced to be a genetic parent?

Absolutely, says Drake Rooks, 50. “It just seems like a guy should be able to decide whether he wants more children or not and with whom,” he said in an interview last week.

Mandy Rooks, who is 10 years his junior, flips the argument and comes to the opposite conclusion. “No one,” she said in an emailed statement, “has the right to tell me that I have to kill my offspring.”

By | The Washington Post – January 8, 2018

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Why a patchwork of laws makes surrogacy more challenging in Atlantic Canada

On a wall in Terri Taylor’s home, opposite the window that looks onto the quiet Fredericton cul-de-sac on which generations of her family have grown up, there’s a series of family photos.

Some of them are pictures of her own children, ranging from their teen years to when they were toddlers.

Others feature twin baby girls, the much longed-for children of Iain and Haley, an Australian couple Taylor met through a surrogacy website.

Taylor isn’t related to the twins, Freya and Jenna — nor is she related to their parents.Canada

But she does consider them part of her family.

‘We grew our own family’

Taylor points to a picture of herself, her children, Haley and Iain, and the twins clustered together at the centre of the arrangement. This one is more than just another family photo — it’s also the outcome of her decision to become a surrogate.

“I didn’t just grow two babies, we grew our own family, so that centre one is a pretty good representation of that — my new and expanded family.”

In Canada, hundreds of women every year serve as surrogates for other people, and the number is increasing; when the Canadian Fertility and Andrology Society started collecting statistics in 2001, around 100 women a year were acting as gestational surrogates, meaning they had no genetic relationship to the babies they were carrying.

Now that figure stands at more than 500, but demand still far outstrips supply.

For Taylor, serving as a surrogate was an extension of the same drive to care for others that had characterized her personal and professional life.

“I was never going to be rich, I was never going to donate a wing to a children’s hospital, so this was a way for me to give back.”

By Moira Donovan, CBC News, January 7, 2018

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LGBT Family Planning – The ABCs of Family Creation and Protection

LGBT Family Planning involves conscious decision making and careful preparation to ensure that your family is protected under existing laws, which are evolving every day.

LGBT family planning is crucial to provide the security that your family deserves.  While many more options exist for us to consider when creating our families, each one carries with it particular considerations which will inform and facilitate your choice.  Here are a few options:

Adoption

There are over 130 adoption agencies in New York State, and each of the 58 social services unit districts has an adoption unit. There are no fees for adopting children who have special needs or are in custody of the local social services commissioner, although there may be fees for adopting those children in the legal guardianship of local voluntary agencies. The fees are based on the adoptive family’s income, however, and help may be available in the form of grants or fee waivers, so don’t let finances put you off from looking into this as an option to start your family.LGBT family planning

After deciding on an agency, the application forms must be completed. Information is taken about your current family, your background and the type of child you feel you would be able to give the best life to. Criminal history checks will also be made, with particular attention paid to whether someone in the prospective adoptive family’s home has previous mistreated or neglected a child. A criminal record does not necessarily mean that you will be refused for adoption, as it depends on several factors including the type of crime committed.

Within four months of submitting the application, a home study is started and carried out on the prospective adoptive family. This is a series of meetings, training sessions and interviews that enables the family and social services to ascertain the readiness of the family to adopt, and any issues that they may need help with. After the home study has been completed the caseworker writes a summary about the family, which the adoptive couple can also add comments to. Training is also required to cover some areas that are specific to adoptive parenting, such as the needs of foster children and what kind of child they would be most suited to as a parent.  At this point, the couple, or individual, is considered “Pre-Certified” to adopt.

Once the study and summary are complete, the work then begins to match the family with a child. There is no set process for this as it is individual according to the child’s situation and needs. The Family Adoption Registry provides information about waiting children, and adoptive parents can ask for more information about children they are interested in, in exchange for a copy of the home study. The process goes from there and hopefully ends with a child or children finding a loving home with their new parents!

Children from a Pre-Existing Relationship

If you are in a relationship where your partner or spouse has a child from a pre-existing relationship, the process by which you may secure legal rights to the child is called Second or Step Parent Adoption.  If the child has another living legal parent, this process will require that the other parent either surrenders their parental rights to the petitioning parent, or that their rights are terminated by the Court.

Lesbian Couples and Sperm Donation

One of the most cited reasons for choosing known sperm donors is to have a greater insight into the biology of your child. Having a known sperm donor’s medical history can be critical for mothers who have medical or genetic issues that they must consider before having a child.  An anonymous sperm donor file will provide some medical information, but a known donor can share his family medical history, which may be crucial for the health of your child. anonymous donor

The key for a successful selection of a known donor depends on several factors, all personal to the couple or individual.  One crucial consideration for individuals considering a known donor is that the donor CANNOT surrender his parental rights and will be able to sue for custody and visitation to any child born through such an arrangement.  Each state has different laws, but most favor a child having two legal parents.

Lesbian couples considering a known donor should always enter into a Known Donor Agreement prior to any attempts at insemination.  This agreement will spell out the details of understanding between the intended parents and the donor, including the donor’s intent to surrender his parental rights to the non-birth mother.lgbt family planning

While medical considerations are one of the top reasons for having a known donor, knowing the emotional and social character of the donor is also an often overlooked consideration in many people’s path to parenthood.  No anonymous donor profile can show the complete picture of the person who may be the biological father of your child.

Legal considerations are also important reasons to choose between anonymous donors and known sperm donors. Anonymous donors surrender their parental rights to any children born with their genetic material upon deposit to a sperm bank or fertility clinic.  When you choose an anonymous donor, they may offer the option of allowing the child to contact them at age 18, but there is no question as to their lack of parental rights to that child.

Surrogacy

Surrogacy is the process by which a woman carried the child, or children, of the intended parent/s.  Male couples often see this as the most viable method of LGBT family planning. 

Currently, only 5 states ban compensated surrogacy, New York being one of these states.  New York does allow for compassionate surrogacy, where the surrogate mother, or carrier, is not compensated for the risks, dedication and disruption to their lives when having a child for someone else.  Traditional surrogacy is where the surrogate mother, or carrier, is also the egg donor.  Gestational surrogacy is where a separate egg donor exists and the carrier has no biological relationship with the child born through surrogacy.surrogacy

It is imperative that if you choose surrogacy to help you have your family, that you do so in an ethical manner and make conscious choices about how to go about the process.  It is also a wise choice to research perspective agencies and fertility clinics thoroughly and ask a lot of questions.

Once your child is born through surrogacy, it is critical to secure the legal rights of the non-genetically related parent through both a pre or post birth order in the state where the child is born and a confirmatory second or step parent adoption back in the home state of the intended parents.  A pre or post birth order is a court order that terminates the parental rights of the surrogate mother and, in some states, establishes the rights of the intended parents.  There is evolving, and in some cases, conflicting, case law about whether the confirmatory adoption is required when a pre or post birth order exists; however, there is nothing more important than ensuring that your family is completely and securely protected.

Co-Parenting

Many single LGBT  and non-LGBT individuals are choosing to co-parent.  Co-parenting may be the latest frontier in the world of LGBT family planning This is defined as two individuals who are not in an emotional relationship, choose to raise a child together and share parenting responsibilities.  This process also requires a carefully considered Co-Parenting Agreement to spell out the intentions of the co-parents and their responsibilities to the child and to one another.  Many websites exist today to connect those interested in co-parenting but it is critical that anyone considering this option visit a family law attorney who is versed in the intricacies of co-parenting.

Once you have your family plan in place, remember to protect that family with careful and considered estate planning.  If unmarried, you may also consider the benefits of a pre-marital agreement to define separate and joint property.

LGBT family planning can take many forms.  With so many LGBT family planning options available to couples and individuals, take your time and figure out which one is right for you.  If you have any questions at all about these processes, please visit www.timeforfamilies.com or email me at Anthony@timeforfamilies.com.

 

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Surrogacy still big business in China despite national ban

Driven by demand and in defiance of the law, China’s surrogacy service is booming with countless women making a living by offering their wombs for hire.

A two-month investigation by The Paper, a state-run news website, offered a glimpse of the underground business luring women in rural villages away from their factory jobs to carry others’ fertilised eggs to birth despite the China ban on surrogacy.China Ban

Couples pay anywhere between £40,000 to £114,000 for surrogacy, with agents claiming that they can guarantee the gender of the baby by testing the sex of the embryo or aborting babies of the unwanted sex, both of which are illegal practices in China.

“I make 3,000 yuan [£340] a month from a factory job,” a masked and visibly pregnant woman said while being filmed by a hidden camera. “But I get nearly as much in living expenses [from being a surrogate].”

Another pregnant woman said: “You can make more than 100,000 yuan [£11,400] from each birth, something I would never be able to make in my whole life.”

Because surrogacy is illegal in China, there is no definitive report on the scope of the black market. However, two factors appear to be driving the surge in demand. An estimated 15 million Chinese couples are thought to be infertile, a statistic blamed by some on pollution. Also, couples who have been trying for a second child since the country relaxed its one-child policy have found it hard to conceive because of their older age.

Other Chinese families want another baby after losing an only child. Last month, a 48-year-old woman gave birth to twins through IVF after her only child, a 24-year-old firefighter, died in an explosion in 2015. In 2010 a 60-year-old woman delivered twin girls after losing her adult daughter to gas poisoning.

The demand has left many hospitals overcrowded with couples seeking fertility treatments, which are legal in China. When this does not work, they turn to underground channels or go abroad for surrogacy.

The unregulated market is full of risks for both couples seeking the service and surrogate mothers, especially if a pregnancy goes wrong or if children are born with disabilities.

Still a conservative society, China frowns upon anyone using their body to make money. However, lured by the generous pay, poor Chinese women are increasingly being drawn to the business, especially after learning that they can make the money without having to sleep with the clients.

thetimes.co.uk by Didi Tang, January 1, 2018

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Couples win lawsuit over donated eggs with genetic defect

Two couples that gave birth to children with a genetic defect later traced to donated eggs won a lawsuit against a New York fertility doctor and his clinic in the state’s highest court Thursday.

The two children, both born in 2009, have Fragile X syndrome, a genetic condition that can lead to intellectual and developmental impairments. The parents, identified by initials and last names in legal papers, were told the egg donors were screened for genetic conditions.genetic defect

The parents are seeking legal damages for the added expenses of raising a disabled child. The amount of the damages was not set by the court and will likely be determined in further legal proceedings.

The case hinged on the state’s medical malpractice statute of limitations, which bars lawsuits filed more than two and a half years after the alleged act of malpractice — or the patient’s last treatment by the physician.

The lawsuits were filed two years after the children were born, when the condition became apparent, but more than two and a half years following the final treatment at the clinic. The egg donors were tested after the children were born and found to be carriers of the Fragile X mutation, according to court filings

Attorneys for the Reproductive Medicine Associates clinic and physician Alan Copperman argued the suit was filed too late, because the statute of limitations began counting down when the women ended fertility treatment after becoming pregnant, and not when the children were born or when the genetic abnormality was diagnosed.

December 14, 2017 – AP via New York Daily News

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