ABA Adopts Resolution Taking a Stand for LGBT Parents

The American Bar Association, ABA, the nation’s top voluntary bar association for lawyers, has adopted a resolution taking a stand for LGBT parents in the aftermath of states enacting laws enabling anti-LGBT discrimination in adoption.

ABA resolution

According to the LGBT Bar Association, Resolution 113 was adopted at the ABA midyear meeting in Las Vegas, Nev. The 14-page resolution says although the U.S. Supreme Court ruled in 2015 same-sex couples have the right to marry, they still face discrimination in adoption in forms of anti-LGBT state laws and policies.

Among the laws cited the resolution are recently adopted state laws allowing taxpayer-funded adoption agencies to refuse placement into LGBT homes over religious objections. Those laws exist in North Dakota, Virginia, Michigan, Mississippi, South Dakota, Alabama, Texas, Oklahoma, Kansas and South Carolina.

The resolution also cites continued litigation in which the rights of LGBT parents are in jeopardy. Among those cases is Pavan v. Smith, in which Arkansas refused to place the names of lesbian parents on their child birth certificates. The U.S. Supreme Court affirmed that policy violated its decision on same-sex marriage (although U.S. Associate Justice Neil Gorsuch penned a lengthy dissent containing the ruling didn’t apply to birth certificates.)

The ABA resolution adopts the resolution in the wake of the Trump administration granting a waiver to South Carolina allowing religious-based adoption agencies in the state, including Miracle Hill Ministries, to continue receive funding from the Department of Health & Human Services even if they refuse to place children in LGBT homes or with other families contrary to their beliefs.

ABA resolution

“Any discriminatory law which restricts an LGBT individual’s right to parent not only disregards these precedents, but also contradicts longstanding research,” the resolution says. “Decades of medical, psychological, sociological, and developmental research overwhelmingly conclude that sexual orientation has no bearing on an individual’s ability to be a fit parent. This resolution therefore reaffirms the equal parenting rights of LGBT individuals.”

According to a study from the Williams Institute at the University of California, Los Angeles, LGBT families are significantly more likely than their non-LGBT counterparts to have adopted or foster children. One in five same-sex couples, or 21.4 percent, are raising adopted children, compared to just 3 percent of different-sex couples, and 2.9 percent of same-sex couples have foster children compared to 0.4 percent of different-sex couples

The resolution states adoption of the resolution sends the message ABA “stands with LGBT individuals and their families against the increased threat to their ability to raise children.”

“This ABA policy position would enable further advocacy in this area by providing authority for other organizations, legislatures, and courts to consult when confronted by LGBT parenting issues,” the resolution says. “The policy would also allow the ABA to directly advocate on behalf of LGBT families and make clear its stance that laws which permit discrimination against LGBT individuals are unconstitutional.”

by Chris Johnson, pride source.com, January 29, 2019

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From a Deceased Woman’s Transplanted Uterus, a Live Birth

A novel uterus transplantation procedure may help more infertile women become pregnant.

A woman who received a uterus transplanted from a deceased donor has given birth to a healthy child, researchers in Brazil said on Tuesday. It is the first such birth to be reported.uterus

Uterine transplants from living donors have succeeded; at least 11 babies have been born this way since 2013. But a viable procedure to transplant uteri from deceased women could drastically increase the availability of the organs.

“We talk about lifesaving transplants. This is a life-giving transplant, a new category,” said Dr. Allan D. Kirk, the chief surgeon at Duke University Health System, who was not involved in the research.

“Biologically, organs of the living and the dead aren’t all that different,” he added. “But the availability of deceased donors certainly could open this up to a much broader number of patients.”

The operation, detailed in a case study published in The Lancet, followed 10 other attempted uterus transplants from deceased donors in the United States, Turkey and Czech Republic. It was the first successful uterine transplant in Latin America.

Infertility affects more than one in 10 women of reproductive age worldwide. The subject in this study, born without a uterus, received the organ from a 45-year-old woman who had delivered three children naturally. The donor had died of a stroke.

Seven months after the 10-hour transplant surgery — after menstruation began, and once it became evident that the patient’s body had not rejected the organ — doctors implanted the uterus with one of the patient’s own eggs.

A six-pound baby girl was delivered through cesarean section, according to Dr. Dani Ejzenberg, a gynecologist at the Hospital das Clínicas at the Universidade de São Paulo in Brazil, who led the research.

In the future, patients may be able to turn to organ banks instead of searching for volunteers, and living donors could avoid risky complications such as infections or serious bleeding.

By Emily Baumgaertner  New York Times, December 5, 2018

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44 siblings and counting

A lack of regulation has created enormous genetic families.  Now they are searching for one other.

Kianni Arroyo clasps 8-year-old Sophia’s hands tightly as they spin around, giggling like mad. It’s late afternoon, and there are hot dogs on the grill, bubble wands on the lawn, balls flying through the air.lesbian moms

The midsummer reunion in a suburb west of the city looks like any other, but these family ties can’t be described with standard labels. Instead, Arroyo, a 21-year-old waitress from Orlando, is here to meet “DNA-in-laws,” various “sister-moms” and especially people like Sophia, a cherished ­“donor-sibling.”

Sophia and Arroyo were both conceived with sperm from Donor #2757, a bestseller. Over the years, Donor #2757 sired at least 29 girls and 16 boys, now ages 1 to 21, living in eight states and four countries. Arroyo is on a quest to meet them all, chronicling her journey on Instagram. She has to use an Excel spreadsheet to keep them all straight.

“We have a connection. It’s hard to explain, but it’s there,” said Arroyo, an only child who is both comforted and weirded-out by her ever-expanding family tree.

Thanks to mail-away DNA tests and a proliferation of online registries, people conceived with donated sperm and eggs are increasingly connecting with their genetic relatives, forming a growing community with complex relationships and unique concerns about the U.S. fertility industry. Like Arroyo, many have discovered dozens of donor siblings, with one group approaching 200 members — enormous genetic families without precedent in modern society.

Because most donations are anonymous, the resulting children often find it almost impossible to obtain crucial information. Medical journals have documented cases in which clusters of offspring have found each other while seeking treatment for the same rare genetic disease. The news is full of nightmarish headlines about sperm donors who falsified their educational backgrounds, hid illnesses or turned out to be someone other than expected — such as a fertility clinic doctor.

And while Britain, Norway, China and other countries have passed laws limiting the number of children conceived per donor, the United States relies solely on voluntary guidelines. That has raised fears that the offspring of prolific donors could meet and fall in love without knowing they were closely related, putting their children at risk of genetic disorders.

By Washington Post, September 12, 2018

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Do IVF And Other Infertility Tech Lead To Health Risks For The Baby?

When patients come to Dr. Molly Quinn for infertility treatments like IVF, they usually aren’t too interested in hearing about the possible downsides, she says. They just want to get pregnant.

Still, she always discusses the risks of procedures such as IVF. For example, there’s an increased likelihood of twins or triplets — which increases the chances of medical complications for both moms and babies. And stimulating the ovaries to ripen extra eggs can, in a small number of cases, cause the ovaries to rupture.IVF

Quinn, an infertility specialist and assistant professor of obstetrics and gynecology at the University of California, Los Angeles, now has a new hazard to consider. According to research published this month in the Journal of the American College of Cardiology, children conceived through certain infertility treatments may be at a higher risk for cardiovascular disease.

Parents shouldn’t panic, the study’s authors say: The findings are preliminary, and the study cohort was fairly small. Still, they say, it means that families who used infertility treatments like IVF should be particularly vigilant about screening for high blood pressure in their children and help them avoid other cardiovascular risk factors, such as smoking, obesity and a sedentary lifestyle.

“Fertility clinics should really … counsel about potential risks for their kids,” says Dr. Urs Scherrer, a visiting professor at the University of Bern in Switzerland and a senior author of the study.

Scherrer and his colleagues followed the health of children conceived through assisted reproductive technology for more than a decade. ART is an umbrella term that covers a number of different types of procedures, including in vitro fertilization, in which sperm and eggs are mixed in a lab dish, and intracytoplasmic sperm injection, in which sperm are inserted directly into eggs. Today, roughly 2 percent of all births in the U.S are conceived via ART.

In 2012, the same team of scientists published a major paper showing that 65 healthy kids born with the help of ART were more likely than their peers to have early signs of problematic blood vessels. The current study, comparing 54 of those original children with 43 age- and sex-matched peers, shows those early irregularities — signs of “premature vascular aging”, the scientists say — persist into adolescence and young adulthood.

Kids in the study who were conceived via ART are now 16 years old, on average, but have blood vessels resembling those of middle-aged adults, the scientists found.

NPR.org, by Mara Gordon, September 19, 2018

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They were gay and wanted a baby. She loved being pregnant. They made a deal.

Christina Fenn and her husband, Brian, have driven an hour and a half to this quaint coffee shop in Monroe, Conn. Fenn sips her morning latte, skittishly glancing out the window at the parking lot. “I’m nervous,” she says, grabbing her husband’s arm. “Nervous-excited, though.” He smiles back.

She’s wearing green, her lucky color. Green shirt and green jacket, green bracelets, green socks. She feels as if she needs all the luck she can get today.

“They’re here,” her husband says, standing to greet two men walking toward them.Hoylman

Bill Johnson and Kraig Wiedenfeld have been a couple for 18 years and married for four. Everyone embraces warmly.

They’re an unlikely foursome: two gay men from the Upper East Side of New York and a small-town husband and wife who met when they both were 20 at a Dunkin’ Donuts.

By lunchtime, if all goes as planned, Christina Fenn will be pregnant with Johnson and Wiedenfeld’s son. An embryo created from Wiedenfeld’s sperm and an egg from an anonymous donor will be thawed and transferred into Fenn’s uterus, and she will be considered “PUPO” — pregnant until proven otherwise.

“Let’s go have a baby!” says Wiedenfeld. They all smile nervously.

The couples drive in separate cars to CT Fertility, a clinic five minutes down the road.

This isn’t Fenn’s first time at the clinic. She has proudly carried three babies — including a set of twins — as a surrogate for two other same-sex couples. She heads to Exam Room 3, while Johnson and Wiedenfeld go to a waiting area until it’s time for the transfer.

“You have a beautiful embryo hatching,” says CT Fertility physician Melvin Thornton, sitting down with the dads-to-be.

by Sydney Page, Washington Post – September 8, 2018

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Guardianship for Children – Priceless Peace of Mind

Creating a guardianship for Children may be the most important reason for creating an estate plan.  With a thoughtfully chosen guardian, parents can rest assured that their children will be ok if something were to happen.

A guardianship for children in a Last Will and Testament is the only way to ensure that your children will be with whom you choose in the event of a death of a parent.  To dispel a common misconception, naming someone as a godparent through a church ritual has no legal weight when a guardian is required after the death of a parent or parents.  I would argue that the exercise of choosing that person is good for the parents as it has them thinking about why someone may be a good choice as a guardian for their children, but that exercise is just that until the choice is declared in a properly executed Last Will and Testament.guardianship for children

To be crystal clear, only a child guardian designation made in a properly executed Last Will and Testament is a valid designation of a guardianship for children

Becoming a parent forces that person to think in the long-term.  Imagining your children’s lives without you is certainly not easy but imagining their lives without you and without any clear direction as to where they should live or who they should live with is far worse.

Hypothetically, if no guardianship for children is established in a properly executed Last Will and Testament, the court will look to see if there are any family members who would petition the court to take on that responsibility.  That person, while being a close family member, may not be the person that a parent would choose for their child.  Also, the court prioritizes the closest living blood relatives, so if you have not made your wishes known through a properly executed guardianship for children in a Will, then a more distant family member who may be the better choice would have an uphill battle in court.

Another fact that most parents do not realize is that when there is a guardianship for children properly established in your Last Will and Testament, the designated guardian still must petition the court to be made the legal guardian of the child.  This process is streamlined when the deceased parent has made a clear guardianship for children designation, but that designee must still follow the protocols of having the guardianship established in court.

singleIf no guardianship for children has been properly executed, then the closest living blood relatives must petition the court to be named legal guardian, creating an often time consuming and emotional journey for all involved, especially the children.

While this article focuses on how to properly execute a guardianship for children, I also want to remind readers of the different ways that parents can provide financially for their children if a parent, or parents, die.  Basic estate planning is essentialEstate planning with children in the mix offers new options, and challenges.

Remember also that you can name a guardianship for children even before they are born.  Carefully crafted Wills may refer to “future born children,” as well as defining children to include adopted children, children in utero, children you are in the process of adopting and children who are created through assisted reproductive technology. 

Now that you understand the process, the real work begins.  Being able to have these conversations among parents is crucial. Agreeing upon an appropriate guardianship for children may take time and effort, but it may be the most important decision you will ever make for your family.

 

Anthony M. Brown, Esq. September 7, 2018

 

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Tom Daley on becoming a dad and why UK surrogacy laws need to change

Tom Daley is sitting on a sofa in a central London hotel suite with his husband, Dustin Lance Black, while their seven-week-old baby, Robbie Ray, snoozes peacefully beside them – and it’s clear the new fathers (both dressed in baby blue) are entirely besotted with their son.

“We don’t ever turn on a TV anymore, we just stare at the little one,” Tom Daley, 24, tells The Independent. “It’s been so crazy. It feels kind of surreal still, the fact that we have a…”

He stops mid-sentence to coo at baby Robbie, which I soon realise is to become a regular occurrence during our interview.surrogate lawyers, surrogate lawyer, surrogate attorney, legal surrogate, surrogate legal

“But he’s brought so much love and joy to the family,” Daley continues.

Born to a surrogate in June, Robbie is apparently a very well-behaved newborn. “He’s a great baby,” says Black, 44. “I think we got a starter baby, I think we got the best baby on the planet.”

“But we might be biased,” adds Daley.

The Olympic diver and his Oscar-winning screenwriter husband met in 2013, married in 2017 and revealed they were going to be fathers in 2018 – an announcement which wasn’t met entirely positively by the public.

“I think that’s why we want to help educate people because I think a lot of them were under the impression that the baby was going to be ripped from his mother’s arms,” says Daley. “People will have their opinions and that’s fine. All we want is what’s best for the little one.”

The couple had their son through surrogacy but admit they didn’t know a great deal about the options open to them as a same-sex couple beforehand. “It was an education, we had to learn,” says Black. 

By Rachel Hosie, theindependent.co.uk, August 22, 2018

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Sudbury court awards woman ownership of embryo called ‘property’ in precedent-setting case

Woman, 48, was divorced from man and awarded embryo based on fertility clinic consent form.

A court in Sudbury, Ont., has awarded an embryo to a woman in a case involving her ex-husband, in what is being called a precedent-setting decision because the embryo has no biological connection to the couple.embryo

Two childhood friends decided to get married in 2009 to have and raise children together, but the man didn’t want his sperm used and the woman’s eggs weren’t suitable. So three years later, they purchased eggs and sperm from a business in the United States for $11,500 US, and two good embryos were created through in-vitro fertilization. 

In December 2012, the woman gave birth to a son. Eight days later, the marriage dissolved and both sides claimed ownership of the second embryo in the divorce.

The judge’s decision awarding the embryo to the woman, who is now 48, was released last week.

It hinged on a consent form from a fertility clinic in southern Ontario on which the couple indicated the “patient’s wishes” would be honoured in case of divorce. The form describes the woman receiving the embryo as “the patient.”

Erik White · CBC News ·

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As evidence supporting LGBTQ families mounts, legal hurdles loom

New studies say kids of gay parents are just as well-adjusted as those with a mom and dad. But Congress is moving to allow adoption agencies to bar LGBTQ families.

LGBTQ families made headlines twice this month, but for very different reasons.

Last week, a study found that from a mental health perspective, adult children with lesbian parents fared just as well as their peers with opposite-sex parents. This follows an Italian study released in May that found that children with same-sex parents were actually slightly better off psychologically than children with a mom and a dad.LGBTQ families

Earlier this month, however, Republican lawmakers dealt a blow to LGBTQ people seeking to become LGBTQ families. The House Appropriations Committee approved an amendment allowing foster care and adoption agencies that receive federal funding to refuse to work with same-sex couples on religious or moral grounds. Though the amendment has several steps to go before becoming federal law, 10 states already have a similar law in place.

The House amendment goes even further than current state-level laws. It would cut 15 percent of child welfare funding to states that explicitly prohibit agencies from excluding LGBTQ people.

Independent and private adoption agencies that do not receive federal funding are already allowed to deny LGBTQ people.

The studies of children with same-sex parents don’t surprise advocates of LGBTQ families. Zach Wahls, who was born to a lesbian couple through artificial insemination and famously defended same-sex parents to the Iowa Legislature in 2011, said it was exciting to have studies to back up his experience.

“In our current climate, we’re at risk of backsliding on this issue,” Wahls told NBC News. “We need to be ready to contest that, and now we can do it in a scientific way.”

Scientific as they may be, the studies are unlikely to move those who advocate for allowing agencies to exclude LGBTQ families, because the objections are faith-based and do not pertain only to lesbian, gay, bisexual and transgender people.

by Avichai Scher NBCNews.com, 

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Lots of Successful Women Are Creating Frozen Eggs. But It May Not Be About Their Careers.

“Freeze Your Eggs, Free Your Career,” announced the headline of a Bloomberg Businessweek cover story in 2014. It was the year that Facebook and then Apple began offering egg freezing as a benefit toemployees. Hundreds of think pieces followed, debating the costs and benefits of using frozen eggs in an effort to “postponing procreation” in the name of professional advancement.

In the years since, many more women across the world have  usedfrozen eggs. Many are highly educated. But the decision may have very little to do with work, at least according to a new study. In interviews with 150 American and Israeli women who had undergone one cycle, careerplanning came up as the primary factor exactly two times.

Instead, most women focused on another reason: they still hadn’t found a man to build a family with.frozen eggs

“The stereotype that these ambitious career women are freezing their eggs for the purposes of their career — that’s really inaccurate at the present time,” said Marcia Inhorn, a medical anthropologist from Yale University, and one of the authors of the study, which was presented Monday at the European Society of Human Reproduction and Embryology’s conference in Spain.

Most of these mid-to-late 30s women were already established in their careers by the time they got to the clinic, the study found.

“They weren’t freezing to advance; they were facing the overarching problem of partnership,” she said. This was the case, even among those who worked for companies that offered to pay for the procedure.

by Heather Murphy, New York Times – July 3, 2018

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