Anthony M. Brown Featured on the Podcast, The Mentor Esq.

The Mentor Esq., a new legal podcast, recently featured Anthony M. Brown, founder of Time For Families Law, PLLC.

The Mentor EsqThe Mentor Esq. was founded by Andrew J. Smiley, the famed personal injury attorney in New York City, to help younger attorneys, and seasoned attorneys, to learn more about specific areas of the law and about the profession of law itself.  Episodes of The Mentor Esq. cover such topics as civil rights work to women in the law, as well as the ABCs of trial work, from opening statements to cross examination.

This is the first season of The Mentor Esq. and Andrew is currently planning for season 2.  While there are numerous areas of the law, and attorneys, that he could focus on, I am grateful that Andrew allowed me to tell my story and share my concerns for the future of LGBTQ law in New York, as well as in the Country.

Anthony’s Start in The Law

Andrew reached out to Anthony to join The Mentor, Esq. podcast to discuss two separate issues.  On episode four of the podcast, Anthony discusses how he came to the law after a career as an actor and a medical massage therapist.  Andrew asked Anthony about how he started his practice and who guided him along the way.  Click here to listen to Anthony talking about his pathway to the law.   Younger attorneys will find this episode particularly interesting because Anthony discusses new ways to look at your career, especially at its inception, by thinking outside of the box and planning ahead for what you want your legal practice to focus on and how it intersects with your personal life.

LGBTQ Family Law

Andrew asked Anthony back to the podcast to discuss more specific topics such as LGBTQ family formation and the current state of surrogacy in New York.  With current legislation in New York up for a vote very soon, Anthony discusses the specifics off The Child Parent Security Act – the pending law which would legalize compensated surrogacy and provide for parentage orders, which would allow for lesbian couples with known sperm donors to avoid the second parent adoption process altogether.  The Child Parent Security Act would bring New York’s family law into the 21st century.

If these issues mean something to you, it is definitely worth your time to check out The Mentor Esq.  A full episode list can be found here.

Anthony M. Brown, November 26, 2019

 

Contact Time For Families

Contact Form
* indicates required field

Fertility Benefits – A look at the most generous employee benefits out there today

Fertility Benefits – These companies are adapting to workers’ needs, from shipping breast milk home to paying for gender transition.

Jackie Geilfuss recently submitted an unusual expense report to her employer: $6,285 for the purchase of sperm.  Some employers are covering fertility benefits.artificial insemination

Geilfuss and her wife are planning to have a baby. As a same-sex couple, they face thousands of dollars in costs to conceive a child, including the expense of donor sperm. Struggling with the financial burden, they turned to friends and family for help. Then, a few months ago, Geilfuss’ employer announced it would start reimbursing employees up to $20,000 for nonmedical costs to have children.

“This benefit is life-changing for us,” says Geilfuss, who helps employees manage the implementation of new systems at Akamai Technologies, an Internet services and technology company in Cambridge. “We were ready to be parents a long time ago, but it wasn’t something we felt was feasible. We weren’t in a financial position to do that.” Geilfuss and her wife, Jessica, began fertility treatments this month.

Akamai is among a growing number of local companies that have expanded their employee benefits beyond standard medical coverage, often looking at options to add through the lens of diversity and inclusion. Several large employers now offer new fertility benefits to help single people and same-sex couples start families. Some are adding supports for new mothers, or broadening coverage for people transitioning from one gender to another.

“It’s a really hot topic,” says Liz Spath, a Boston-based benefits consultant at the consulting firm Mercer. “They’re looking to programs like this that really drive culture. Anything that’s family-friendly and lets people bring their full selves to work is top of mind.”

Expanding benefits can be expensive, but there are many potential advantages for employers that do, including recruiting and retaining talented workers, fostering a corporate culture that appeals to clients, and improving their rankings on job sites.

“It does play a role in helping candidates understand what we’re all about and where we place value,” says Sarah Sardella, senior director of global benefits at Akamai, which now reimburses employees for costs of surrogacy, donor sperm, and donor eggs.

BostonGlobe.com, November 14, 2019 by  Priyanka Dayal McCluskey

Click here to read the entire article.

Is It Selfish for a Gay Couple to Have Kids via Surrogacy?

My husband and I are gay and are exploring the possibility of having children using an egg donor and a surrogate mother.

Sometimes when we mention this in conversation, people ask us, in a chiding tone, Why don’t you adopt? They often then argue that with so many children in need of good homes, it would be ethically superior for us to adopt, instead of spending a small fortune so we can have children to whom we are genetically tied. In addition, there are ethical issues related to paying women for their eggs or paying women to carry our children as surrogates. Are we acting unethically — or at the least selfishly or self-indulgently — in pursuing biological children instead of adopting orphans who could benefit from what (we like to think) would be a good home? David Lat, New Yorkethical surrogacy

Anybody who is contemplating having a baby, by whatever means, could be adopting a child instead. If those who chide you include people who have biological children themselves, you might want to point this out. Come to think of it, your friends who don’t have children are also free, if they meet the legal requirements, to adopt.

Every child awaiting adoption is someone who could benefit from parental volunteers. There is no good reason to pick on you.

The path you have chosen, it’s true, mixes commerce and reproduction through egg donation and surrogacy. But while acquiring an egg and then working with a surrogate mother are transactions with ethical risks, they can each be conducted in morally permissible ways. The main concerns I would have are avoiding exploitation — so you need to make sure that the donor and the surrogate are acting freely and are fairly compensated — and taking care that your understanding with the surrogate mother is clearly laid out in advance. But any responsible agency that assists you in this should cover these bases.

Wanting a biological connection with your child is pretty normal: We evolved to pass on our genes, after all, even if we’re free to give Mother Nature the side-eye. There are also things you can more likely do for children to whom you’re biologically related — notably, on the organ-donor front. So while it would be terrific if you adopted, it’s no more incumbent on you than it is on any other potential parents.

I’ve worked as an educator and administrator in public schools for over a decade. During this time, I have served as a character witness and written letters on behalf of students who have been arrested. In certain cases, these students have been charged with violent offenses. I often found myself in heated arguments with a loved one over these acts of advocacy, specifically because court proceedings typically take place during the day, which requires me to have someone cover my duties at school. I feel that this advocacy is justified because I am an adult who has invested deeply in the development of the children and knows who they are outside of their offenses. Is it ethical for school staff members to offer their time and efforts to support students charged with violent crimes? Name Withheld

You’re presumably talking about helping the courts to understand the social and educational contexts of students accused of crimes. You’re permitted to testify when the courts find this information relevant in deciding what to do with young offenders. In doing so, you’re helping the courts make what are often very difficult decisions. As long as your advocacy is truthful, it can be a valuable contribution. Asking colleagues to cover for you when you’re doing a public service would seem entirely acceptable; they have good reason to support what you’re doing — and because of that, you should be willing to cover for others when they do the same.

Let me address an issue you haven’t raised: The fact that a student on whose behalf you speak could receive a lighter sentence may upset his or her victims or their families. If the court is doing its job properly, however, the sentence is lighter only because its decision would have otherwise been based on a less complete picture. There is, of course, a question of fairness here, because many young offenders don’t have the advantage of a teacher willing to speak up for them. But you wouldn’t contribute to the overall justice of the situation by denying helpful information in one case on the grounds that it’s unavailable in many others. If you want to help with that problem, you might try to persuade your union to develop ethical guidelines for conducting this form of advocacy.

NYTimes.com, By

Click here to read the entire article.

‘Men Having Babies’ to Make Case for New York Surrogacy Reform

New York Surrogacy Reform – Come this Friday to hear how Men Having Babies and other advocates plan to pass surrogacy reform in NY.

Since it’s very first meeting in the form of a 2005 support group for biological gay dads and dads-to-be, Men Having Babies (MHB) has been advocating and educating folks on surrogacy. This has taken place in the form of many elements including conferences for those considering surrogacy, their Gay Parenting Assistance Program which helps fund many gay men undertaking the expensive surrogacy journey to fatherhood, and their extensive directory and review system on surrogacy agencies and clinics.New York surrogacy reform

MHB has recently moved further to make their conferences a meeting place for committed surrogacy and gay parenting supporters, including parents, surrogates, researchers, professionals, and policymakers by creating the Advocacy and Research Forum for Surrogacy and LGBT Parenting (ARF). The New York surrogacy reform program is part of this effort.  The program provides opportunities for formal and facilitated discussions about topics and developments relevant to parenting through surrogacy and / or by LGBT parents.

Now, in the aftermath of the stalled Child Parent Security Act (the CPSA bill), which was set to reverse the ban on compensated surrogacy in the state of New York, Men Having Babies have gone a step further. As part of the ARF initiative, this Friday November 8 in New York City, Men Having Babies welcomes folks to join them at an open to the public event: The Case for NY Surrogacy Reform. [with the link]

As part of the ARF initiative, this Friday November 8 in New York City, Men Having Babies welcomes folks to join them at an open to the public event: The Case for NY Surrogacy Reform.

“While we think it is the most comprehensive and thoughtful surrogacy legislation ever drafted, the CPSA also faced criticism and claims that not enough discussion has taken place about ethical concerns,” said Ron Poole-Dayan, the Executive Director of Men Having Babies. His response, along with others, was to create Friday’s event and “to offer historical and international perspectives on this debate, a review of relevant research findings, and a thorough analysis on how we think the proposed surrogacy legislation addresses core ethical issues and essential best practices,”

For the event this Friday in New York City, Men Having Babies has partnered with RESOLVE: The National Infertility AssociationFamily Equality CouncilStonewall Democrats of NYCThe Academy of Adoption and Assisted Reproduction Attorneys, and Equality NY among others. Together, they’re assembling more than 30 speakers, and their goal is to contribute to an informed public debate on the issue, and bring in “a wide range of perspectives from surrogates, their young adult children, children born through surrogacy, academic researchers, representatives of national community organizations and international human rights organizations, and legal, mental health and medical experts.”

Organizers are inviting lawmakers, community activists, professionals, academicians, students, parents and prospective parents to listen and offer feedback. More than 100 already registered.

The Senate passed the CPSA earlier this year, and it is likely to come up for a vote in the Assembly later this legislative season.

Gayswithkids.com, November 6, 2019

Click here to read the entire article.

France moves to make reproductive technology legal for all

France moves to make reproductive technology legal for all

Isabelle Laurans and her boyfriend tried for years to have a baby. When nothing else worked, they decided to try France reproductive technology in the form of in vitro fertilization, or IVF. France reproductive technology

But halfway through the process, Laurans’ boyfriend changed his mind. He dumped her the day they were supposed to make the embryo in the lab.

Laurans says she doesn’t remember most of what went through her mind that day. What she does recall is the overwhelming fear that she’d never get to be a mom.

“I was 38. I knew it would be perhaps too late for me if I waited for a new relationship,” she said.

That same day, Laurans says she was on the internet, looking for a Plan B.

“I didn’t want to risk missing out on becoming a mother altogether,” she explained.

So, Laurans decided to get IVF on her own.

One problem, though: In France, single women aren’t allowed to get IVF. They’re also not allowed to freeze their eggs or get artificial insemination. Lesbian couples are also denied access to assisted reproductive technologies. French law only permits these treatments to women in long-term, heterosexual relationships, putting France at odds with most of its European neighbors (though Germany has similar restrictions).

And so in 2015, Laurans traveled to Belgium to get the treatment. She gave birth to a baby girl, Charlotte, later that year. Laurans says she was lucky to be able to do it.

“It was expensive … and it wasn’t easy,” she said. She had to go through two rounds of IVF. It cost her about $5,500 in all. That might seem cheap to Americans who can pay between $10,000-$15,000 per IVF cycle, depending on insurance coverage. But in France, if Laurans had still been with her boyfriend, the treatment would have been free.  

www.PRI.org – October 18, 2019, by Sarah Birnbaum

Click here to read the entire article.

The French Court of Final Appeal recognises parents of surrogate twins after 19 years

The French Court of Final Appeal has officially acknowledged the sole parenthood of a couple who raised twins borne by a surrogate mother in the United States, ending 19 years of judicial battles for Dominique and Sylvie Mennesson.

The French Court fo Final Appeal decision came after an intervention by the European Court of Human Rights, and a day after French MPs vote to recognise filiation for surrogacy children born abroad and a day after French MPs voted to recognise parenthood of children born through surrogacy abroad.French court of final appeal

“Victory and relief…our children are no longer ghosts,” said Dominque Mennesson, father of the twins in a reaction to the verdict. “They are now our children legally.”

In 2000, Mennesson and his wife Sylvie, who is infertile, had a successful surrogacy (GPA, or “gestation pour autrui” in French) treatment in the United States. Mennesson’s sperm was implanted in the uterus of an anonymous woman, who bore twins, named Valentina and Fiorella by their parents. 

At the time, judges in California, where the procedure took place, ruled that Dominique Mennesson was the “genetic father” and his wife the “legal mother,” and issued birth certificates and US passports.

 

Punishable

But in France, recourse to surrogacy is illegal to prevent the human body from becoming a “commercial instrument”, with the risk that the child may become an object of a contract.

French law stipulates that surrogacy is punishable by one year prison and a 15,000-euro fine. The French Consulate in Los Angeles, suspecting surrogacy arrangements, therefore refused to enter the certificates of the Mennessons in the French civil register.

By RFI, October 4, 2019

Click here to read the entire article.

The Anonymous Donor Myth

The anonymous donor myth was, only a few years ago, not a concern to the many anonymous sperm and egg donors who have helped countless families around the world.

The anonymous donor myth has only in the recent past become an issue that anyone considering becoming an anonymous donor, or anyone considering using an anonymous donor, must confront and plan for.  ART (assisted reproductive technology) lawyers must also factor into their counsel with all parties to an ART agreement the reality that there simply may be no such thing as anonymous donation anymore.  This counsel must address not only gamete (sperm and egg) donation, but also embryo donation and adoption.anonymous donation myth 2

If you think about it, there really is no such thing as anonymity any more.  This year, Facebook has over 2.3 billion monthly active users.  YouTube has 1.8 monthly active users.  Twitter has 320 million monthly active users.  With other social platforms such as Instagram, WeChat and Snapchat providing information on its users to anyone who has not perfected the art of keeping an account private, there are literally millions of ways to locate and identify a person with just a small amount of information.

I was recently in Seattle for the annual conference of The Academy of Adoption and Assisted reproduction Attorneys (AAAA) where a fascinating presentation was given on just this subject.  One speaker demonstrated how, with the scant information she had provided when she was an anonymous egg donor, how it took her less than 5 minutes to find herself on social media.  She essentially did a facial recognition search which yielded a direct hit result.  And this was just possible from the picture she used in her egg donor profile.  That picture, coupled with her educational background, made a google search of her provide instant confirmation of identity.

The anonymous donor myth becomes even more implausible when you consider the influx in popularity of commercial DNA testing kits such as 23andMe and Ancestry.com.  And the implications for anonymous donors go way beyond gamete donation, but adoption as well.

The reality of the anonymous donor myth hit me hard, and in a completely unexpected way.   I was at work one afternoon when the phone rang.  It was a former client of mine with whom I had done estate and probate work.  Her voice was shaking when she called and I could tell that something was very wrong.  She told me that a relative of hers was contacted by a woman who explained that she was adopted at birth and that she had done an ancestry.com DNA test.  The test revealed that her birth mother was related to the relative of my former client.  She then related to me the story of how when she was younger she had been molested, and that molestation resulted in a pregnancy.  She gave the child up for adoption and had told no one in her family about it.  She was reliving that trauma knowing that her secret would most likely be revealed due to an inadvertent action by a relative of hers who had also had the DNA test performed and who had consented to its results being added to a national database.

anonymous donor myth 1One of the most sacred areas of law for expectant mothers who, for many important reasons, cannot keep their children is called “infant safe haven” law.  This type of law decriminalizes the abandonment of unharmed infants in specified locations, such as hospitals, police stations or fire houses.  Mothers need to know that if their personal circumstance requires them to seek the protection of an infant safe haven law; they must be able to rely on the confidentiality that these laws were designed to provide them.  If mothers fear that their identity will be revealed through DNA or Facebook searches, they are less likely to place the child in a safe space.

The reality is that a medical professional or facility can do their best to shield the identity of a donor, but they have no control over the actions of others down the road, like the donor herself, the intended parents or even the child who is the result of ART.  One positive reaction I see in the ART community is the encouragement, with thorough explanation, of known gamete donation.  Known gamete donation can be helpful in many ways.  If a child has a medical issue that may be genetic, with a known donor, parents may access that information more easily.  Studies have also shown that the earlier a child is told about his or her origin story, the better adapted they are.  Having a known gamete donor may make the difference to a child questioning their genetic heritage. 

The anonymous donor myth does not have to be a devastating blow to a family.  With proper professional, both legal and psychological, intended parents considering gamete donation will be able to make informed and beneficial decisions.  These decisions will have long lasting effects on the mental and physical well-being of their children.  As professionals, it is our duty to explore all possibilities with our clients and to ensure that they understand the implications of the anonymous donation myth.

By Anthony M. Brown, Esq. – August 6, 2019

Contact Time For Families

Contact Form
* indicates required field

U.S. women with less income, education often lack access to infertility care

Although women from all walks of life tend to experience infertility at similar rates, a new U.S. study suggests there are wide disparities in access to treatment.

Researchers examined survey data collected between 2013 and 2016 from 2,052 women, ages 20 to 44, who were representative of more than 45 million women nationwide.PGS, PGD

Overall, 12.5% of the women reported trying to conceive for one year without becoming pregnant, the timeline doctors typically use to define infertility. Just a third of those making less than $25,000 a year sought treatment for infertility, compared with two thirds of those making $100,000 or more, researchers report in Fertility and Sterility.

“People of all races, education levels, incomes, citizenship statuses, health insurances and sites of health care use report similar rates of having infertility,” said Dr. James Dupree, an assistant professor of urology and obstetrics and gynecology at the University of Michigan in Ann Arbor.

“Women with less education, lower incomes, non-citizens and women without health insurance and without access to physician offices did not see their doctors as often for help with infertility,” Dupree said by email. “So, patients and families should know that if they have infertility, they’re not alone, and they should go to see their doctor for help.”

Most healthy couples can conceive within three to six months, although the process can take longer for people who are older or who have fertility compromised by certain medical conditions or lifestyle habits.

Infertility rates in the study ranged from 5.8% among women 20 to 24 years old up to 20.5% among women 40 to 44 years old.

Older women were also more likely to seek help: 67.3% of women 35 to 39 years old with infertility saw a medical provider, as did 61.7% of infertile women 40 to 44 years old. Only 11.7% of women 20 to 24 years old sought treatment for infertility.

Reuter.com, by Lisa Rappaport, July 17, 2019

Click here to read the entire article.

Sperm Tail-Tracking Technique Could Improve Male Fertility Testing

Sperm tail-tracking technique analyses how sperm tails move and consume energy.

Tracking the movement of a sperm’s tail, or sperm tail-tracking, could improve male fertility testing and lead to more effective treatments, according to a new study. sperm tail tracking

The technique developed by researchers at the University of Birmingham, works by measuring the speed and action of the sperm flagellum, or tail.

By analysing the tail, it is possible to decipher whether the sperm in an ejaculate have the potential to reach and fertilise the egg, they said as they published their findings in the journal Human Reproduction.

Currently, analysing sperm is either done by counting the number of sperm produced or by tracking the head of the cell.

However, “diagnostic methods are crude and there are still no drugs available for treating male infertility,” said researcher Jackson Kirkman Brown MBE.

The new sperm tail-tracking technique uses a combination of rapid, high-throughput digital imaging, mathematics and fluid dynamics to detect and track sperm in samples.

To ensure the method is accessible to other researchers and clinicians, the team have developed a free-to-use software called FAST (flagellar capture and sperm tracking).

This will lead to an improved understanding of male fertility problems, and how to treat them, the researchers said. 

“We have all heard of ‘sperm count’, and indeed the tools available to understand sperm – manual counting with a microscope – have not changed much since the 1950s,” said lead researcher Professor Dave Smith.

TheIndependent.co.uk, by Chelsea Ritschel, June 7, 2019

Click here to read the entire article.

Parents can use sperm harvested from their dead son to make grandchildren, judge rules

West Point cadet Peter Zhu, who was unmarried, died after a skiing accident on February 23, Judge allows parent to use harvested sperm.

He had been found unresponsive on a ski slope on the grounds of the military academy in upstate New York.  Zhu was then taken to a hospital, where he was declared brain dead days later.  Judge now rules that parents may use their son’s harvested sperm.harvested sperm

In March, his parents petitioned the court to allow the hospital to have their son’s  harvested sperm retrieved and frozen at the same time harvest his organs for donation.

The petition was granted and the sperm was preserved at a sperm bank after the retrieval.  His organs were also harvested to help those waiting for a lifesaving transplant before he was buried in the West Point Cemetery.

According to CNN, the Supreme Court Justice John Colangelo’s ruling gave Zhu’s parents the ability to attempt conception with a surrogate mother using their late son’s sperm.  “At this time, the court will place no restrictions on the use to which Peter’s parents may ultimately put their son’s sperm, including its potential use for procreative purposes,” Colangelo wrote.  “They shall possess and control the disposition and potential use of their son Peter’s genetic material.” 

Zhu’s case isn’t the first incident of this type, according to AP.In 2007, a court in Iowa authorized recovery of a man’s sperm by his parents to donate to his fiance for future procreative use.  In 2009, a Texas woman got a judge’s permission to have her 21-year-old son’s sperm extracted after his death, with the intention of hiring a surrogate mother to bear her a grandchild.

StandardMedia.com, May 30, 2019, by Charles Odero

Click here to read the entire article.