Louisiana surrogacy bill to protect surrogacy arrangements advances, despite opposition from both sides of aisle

Louisiana surrogacy is legal, but right now, there are no protections for either the biological parents or the birth mother. In the eyes of the law, the woman who gives birth to a baby is the mother, so a surrogate could ultimately decide to break an agreement and keep the child, and the biological parents would have no legal recourse.

Similarly, the biological parents could decide midway through a pregnancy they no longer want the child, and the surrogate mother would be legally responsible for the child, another wrinkle in Louisiana surrogacy arrangements.

Loren McIntyre is in the process of adopting her firstborn son.

Born in January, he is 100 percent genetically her and her husband’s offspring, but the couple used a gestational carrier, or surrogate, to give birth. And in Louisiana, legally she is not the mother until the adoption is finalized this June.

gay surrogacy

Pregnant woman belly with rainbow symbol LGBT

McIntyre, who has severe endometriosis, is unable to give birth to her own children. She underwent seven unsuccessful rounds of in vitro fertilization before deciding to seek surrogacy.

McIntyre shared her story on Monday with a legislative House committee in the State Capitol in hopes lawmakers will pass a bill that creates legal safeguards in Louisiana surrogacy, where virtually none exists.

House Bill 1102 sets up a legal framework for surrogate arrangements, which bans compensation to the surrogate mother, sets age requirements, requires medical testing and counseling, and mandates background checks. Importantly, it ensures the surrogate mother cannot make a legal claim to the child, and it forbids the biological parents from being able to back out on the agreement.

An identical version of the bill was passed by the full Legislature last year but was vetoed by Gov. Bobby Jindal. On Monday, the House Committee on Civil Law and Procedure advanced the measure without objection. It goes to the full House of Representatives for consideration.

But the measure had ample opposition from both sides of the aisle.

On the left, LGBT groups opposed the language that defines the intended parents as a “man and a woman,” preventing same-sex couples from being able to use surrogacy as an avenue for parenting. The bill also requires that the embryo come from the egg and sperm of the intended parents, which again, precludes same-sex couples.

LSU Law Professor Andrea Carroll testified that while she believes there’s a need for HB1102, she believes that wording would render it unconstitutional, per last year’s U.S. Supreme Court decision legalizing same-sex marriage.

On the right, conservative anti-abortion groups testified that the act of surrogacy often requires multiple unused embryos that are frozen or discarded.

“Life starts at the embryonic stage,” said Ben Clapper, with Louisiana Right to Life. “It’s a human life that needs to be protected.”

State Rep. Stuart Bishop, the Lafayette Republican who sponsored the bill, stressed that in vitro fertilization and surrogacy already are legal.

April 18, 2016 – TheAdvocate.com by Rebekah Allen

Click here to read the entire article.

in In the News / IVF / Known Donor / Surrogacy  by Anthony Brown 0 comments

Lesbian Moms Give Tips on Picking a Donor

Brandy and Susan describe the process of picking a donor and give tips to lesbian moms about known donors vs anonymous as well as things to watch out for.

The Next Family is a diverse community where modern families meet. It is the start of an on-going, open-minded and sincere dialog between urbanite families, adoptive families, in vitro parents, interracial families, same sex parents, lesbian moms, gay dads, single parents and so on. It is a way to remind people that the Next Generation of families already exists in larger numbers than the old model of a “family unit”.

 

Click here for more information on your path to parenthood.

in Anonymous/Known Donation / Known Donor / Videos  by Anthony Brown 0 comments

HIV Positive Dads Follow Their Family Dream

These HIV positive dads fathered children. Science has come a along way to help HIV+ dads have families of their own.

Aslan always believed he would be a father—if not with a partner, then by teaming up with one of his straight, single female friends. But “at the age of 36, I became infected with the [HIV] virus,” he said. “I thought my whole world collapsed. Everything crashed with that. I believed that there would be no child.” He was gay and single, living in a cosmopolitan city in his southern European country, when a female friend asked him to pair up to make a baby. He had heard that it could be done safely, but when he told her his HIV status, her reaction, he said somewhat morosely, was “very naturally, not very brave.” Unwilling to face that rejection again, he spent years trying to bury his profound desire become one of many HIV positive dads.

Things were different for Brian Rosenberg and Ferd van Gameren, who were already in their forties by the time they began thinking about having kids. Their early years together focused on keeping Brian, who is HIV+, healthy and Ferd negative. But once protease inhibitors emerged and Brian’s health was stable, the couple decided to focus on enjoying life. They moved from Boston into a one-bedroom Chelsea co-op in New York City, started summering in Fire Island, and hopped around their friends’ parties having “a gay old time,” as Brian put it.Donor

After several years, though, all that began to pale. “We started thinking that life had to be more meaningful for us than the next party, the next fabulous vacation.” They wanted a family, and all the responsibility, love, and exhaustion that went with it. They tried adoption first, but when one birthmother backed away, their hearts were broken–so they discussed surrogacy. Given his HIV status, Brian assumed that Ferd would be the biological dad–but Ferd wanted to raise Brian’s bio children. And so in 2009 Ferd went online and found the Special Program for Assisted Reproduction, or SPAR, dedicated to helping HIV-positive men father children safely. The program is run by the Bedford Research Foundation and its director Dr. Ann Kiessling.

Back in southern Europe, by 2011, Aslan was learning about the same option. He was seven months into a new relationship that seemed as if it would stick—and despite himself, he began to imagine having a family with this man. Coincidentally, an American friend forwarded him an article about Circle Surrogacy, which worked with HIV-positive gay men in the States. “And it gave me, like, a wow, big hope, a new window to plan my life again!” Aslan quickly contacted Circle Surrogacy, which connected him with Dr. Ann Kiessling. “She was very kind and explained all the procedures, that it’s completely safe. And this was the start.”

But how can HIV positive dads father children?

“How” has both a practical and a technical answer. This article will tell you the practical steps to take, one by one, with some technical information mixed in along the way. Experts agree that it can be done safely. According to Dr. Brian Berger of Boston IVF, over the past 15 years fertility centers have helped conceive thousands of babies fathered by HIV-positive men—and not a single woman or child has been infected as a result.

So how can an HIV-positive gay man become a biological father? Let’s look at the process, step by step.That’s because, apparently, HIV cannot attach to or infect spermatozoa—the single-cell swimmers that deliver chromosomes to an egg. Sometimes the surrounding fluid—the semen, the ejaculate that carries the sperm along, and which is made separately—does include HIV. But sperm is made only in the testes, which are walled off from the rest of the body, heavily fortified against the illnesses or infections that might affect the rest of the body, for obvious evolutionary reasons. Because sperm doesn’t get mixed with semen until the very last moment, at ejaculation, it remains safe. And after decades of research, the medical profession has figured out how to use only the uninfected sperm to fertilize an egg.

Step 1: Make sure dad is healthy. 

The first, and most important, step is to ensure that the prospective dad is healthy—that his HIV levels are undetectable or nearly so, his T-cell count is high, he’s free of other complications or infections, and he is working closely with a doctor to stay in good health. Says Dr. Bisher Akil, a New York City physician who specializes in caring for HIV-positive patients, “Can HIV positve dads become parents? The answer in 2014 is absolutely yes.” In 2014, no one should use his HIV infection to stop from having a full and normal life, he emphasizes. “The only point I make to potential fathers is that they need to take care of themselves and make sure they have their infection under control. The occasional medical problem that might appear, whether or not related to HIV, needs to be treated very aggressively. They need to be compliant with medications and treatment. That’s not any different from any father with a chronic illness. Now that they have responsibility of having a child, we want to take them through their lives.”

Click here to read the entire article.

April 5, 2016 via gayswithkids.com

in Family Stories / IVF / Legal / Parenting / Personal Stories / Science / Surrogacy  by Anthony Brown 0 comments

Parent Adoption – Is it Right for Your family?

The “parent adoption” process is also referred to as Second Parent or Step Parent Adoption. Here is what you need and what you need to know!

When one partner or spouse in a relationship adopts the biological child of their parent or spouse that is referred to as a “Parent Adoption.” If the parties are unmarried, it is called a Second Parent Adoption.  When the parties are married, it is called a Step Parent Adoption.  While gay couples across the country enjoy equal marriage rights, the laws for New York State adoption are still muddled, and it’s advisable for most same-sex couples to petition for a second or step parent adoption to build that legal relationship between non biological parent and child. If there is another biological parent involved, or if a couple uses a known sperm donor, their consent will be required for the adoption to move forward.  If, however, the child is the product of an anonymous sperm donation, then no consent is required.2nd parent adoption, second parent adoption, second parent adoptions, second parent adoption new york

New York State Adoption Step by Step

In a nutshell, you need to compile a lot of paperwork and have a good family lawyer, preferably one that specializes in adoptions for same-sex couples. Here is a rundown of what you will need:

  • The completed intake from your attorney. This is a general questionnaire that includes information for both parents and the child.
  • The original birth certificate for the child. A copy will not suffice. You will, however, get a new original birth certificate after the adoption which will add the name of the adoptive parent if it is not already on the original birth certificate.
  • A letter from the employer of the petitioning parent, and in some counties the biological parent, stating their position and salary. If you are not currently employed, they will need your last year’s tax returns.
  • A letter from the doctor of both parents stating that they are in general good health.
  • A letter from the child’s pediatrician stating that he or she is in general good health.
  • A completed form 1-D (a more elaborate medical assessment) by the child’s pediatrician
  • In cases of a surrogacy, you will need copies of your carrier and donor agreement.
  • In cases of artificial insemination, in vitro fertilization and surrogacy, a letter verifying insemination.
  • If married, a copy of your marriage license.
  • Previous divorce decrees if either parent has been previously married.
  • If either parent has ever been arrested or convicted of a crime, the details and disposition records for any offense must be submitted.
  • A list of every residence the petitioning parent has lived at for the past 28 years, including months and years associated with every address.
  • Financial information, including the value of your home, any owned real estate, stocks and bonds, life insurance information and any sources of income other than employment.
  • The petitioning parent must be fingerprinted for a criminal background check
  • A home study, which is generally arranged for once your lawyer has been retained.

Keep in mind that this process may vary slightly from state to state and county to county, so it’s important to find an attorney familiar with the legal details in your specific location. While the New York State parent adoption process may seem harrowing, keep in mind that your adoption attorney is there to help you, advise you and even help keep you organized every step of the way.  Read more about the process here.

Anthony M. Brown, head of Nontraditional Family and Estates division of Albert W. Chianese & Associations, has extensive experience in helping same-sex couples through the adoption process, having gone through the process himself. If you have yet to create a legal relationship with your child or children, call 212-953-6447 or email Anthony at Anthony@timeforfamilies.com.

in Adoption / Featured Articles / Known Donor / Legal / Second Parent Adoption / Step Parent Adoption / Surrogacy  by Anthony Brown 1 comments

How to teach … LGBT history month

February is LGBT history month – the annual celebration of lesbian, gay, bisexual and transgender – LGBT Families and people and the impact they have on the world. It’s a topic that staff and students can find difficult to discuss; a recent report found that more than half of England’s teachers feel there is “a reluctance to confront the issue of same-sex relationships and a clear heterosexist assumption”

This makes LGBT history month all the more important. The theme for this year is religion, belief and philosophy, and how all three intertwine in the experience of LGBT families and people. This activity pack from the Proud Trust offers a series of lesson plans and resources on the topic, which can be adapted for students of all ages. Here are some other ways to explore the subject with your classes.
LGBT Families

Primary

Addressing feelings of “otherness” is key in discussions of LGBT rights. This poster from Stonewall gives your class a visual representation of the many different kinds of family set-up. The simple animated images show a variety of families, along with the slogan “Different Families, Same Love”.

The charity has also put together a film called FREE, which follows the lives of four children as they experience family and friendship, and work out what it means to be yourself (including the quote: “when you’re strong enough to be yourself, you free everyone”). The accompanying activity pack includes tasks that ask pupils to write a letter, song or poem and analyse stereotypical statements about gender and identity, such as “girls should play with dolls”.

The Guardian
February 18, 2016
 Click here to read the entire article.
in Education / In the News / Parenting  by Anthony Brown 0 comments

Surrogacy Workshop Part 1: Planning Your Journey / 2015 SF MHB

Men Having Babies created this Surrogacy Workshop in order to take a broad look at the crucial decisions and milestone gay men face in their pursuit of biological parenting. It outlines some of the typical steps and milestones parents go through, presented chronologically and as a decision-tree.

 

 

Initial research:

Check web, come to Planning Biological Parenthood meetings, speak to surrogacy veterans, and attend free consultations with agencies and watch this surrogacy workshop video. While you do not have to make all of the following decisions upfront, you may want to keep these questions in the back of your mind:

  • Consider surrogacy versus other options like adoption, foster care, shared parenting.
  • Consider Traditional Surrogacy (TS) versus Gestational Surrogacy (GS).
  • These options vary considerably in process, cost, duration, legality and likely future relationships with the surrogate /egg donor.
  • In TS, a surrogate is carrying a baby conceived through artificial insemination using the sperm of one of the intended parents. In GS, a carrier is impregnated with embryos created through IVF (In Vitro Fertilization), using the couples’ sperm and donated eggs.
  • If you decide on GS, consider various options for egg donation: unknown, known (donors who are open to meeting the children or providing additional medical history information should the need arise in the future), or even from a family member or a friend.
  • If you are a couple, think of paternity options: should one of you provide the sperm, or should you mix your samples before the insemination /fertilization? If you are doing IVF, you can fertilize half of the eggs with each sperm sample, so that the paternity of each embryo can be known, and you can choose to implant embryos from both dads.
  • Think ahead of your desired family makeup: are you likely to want to go through the process again in the future for a sibling? Would you like to maximize the possibility of having twins in the first round?
  • Consider options for establishing parentage: will you be seeking second parent adoption? Are you interested in a pre-birth order?
  • Understand the likely timeline for each scenario, and possible setbacks: the chances that you may need more than one cycle to achieve pregnancy, having to consider changing the egg or sperm donor, or even a carrier, and the possibility of a miscarriage.

Once you researched and considered these and other issues, you may be ready to decide: what professional help will you require in your process? Will you try to keep outside help to the minimum (the Independent Track)? Will you employ a full service agency – or maybe just a lawyer? Will you first choose a clinic?

See more at menhavingbabies.org

in Surrogacy / Videos  by Anthony Brown 0 comments

Ethical Surrogacy, a Proposed Framework

Ethical Surrogacy guidelines are imperative to a successful journey to parenthood.

At the Men Having Babies 2015 New York Ethical Surrogacy Conference we focused on teaching the public at large about surrogacy and providing tools to intended parents to ensure that their surrogacy journey is ethical and positive.

As part of our mission to promote ethical surrogacy practices that benefits all involved parties, Men Having Babies   is in the process of devising a framework for ethical surrogacy principles, protocols and best practices for intended parents. The latest version drafted by our Board and our Surrogates Advisory Board is available on menhavingbabies.org. The document is already available in English, French and Hebrew, and we are collaborating with several community organizations to translate this document to additional languages and collect feedback. Selected issues from this framework will also be brought up for discussion and public comments at our upcoming conferences.

Men Having Babies (“MHB”) is an independent nonprofit organization dedicated to providing gay biological fathers and fathers-to-be with educational and financial support. We offer the following framework of ethical guidelines and best practices as part of our goal to promote surrogacy practices that minimize the risks and maximize the benefits to all involved. The framework comprises of three levels: a Statement of Principles, Baseline Protocols for Providers, and Recommended Best Practices for intended parents.

in Ethics / Legal / Legislation / Surrogacy / Videos  by Anthony Brown 0 comments

Gay Adoption New York

Gay Adoption New York: is adoption necessary in the case of a sperm donor?

For same-sex couples, the fight for marriage equality is over and done with. As they start to building families, however, the struggle remains as the intricacies of family law in New York and across the U.S. haven’t quite caught up to this landmark change. This has led to much confusion on the part of same-sex, particularly lesbian, couples. One question is frequently asked: if two married women conceive a child through artificial insemination, does the non biological parent need to go through the process of gay adoption New York?

 

Gay Adoption New York is still necessary for married women using a sperm donor

Unfortunate case law in the State of New York, entitled Paczkowski v. Paczkowski, held that when married women have a child through artificial insemination, the marital presumption of parentage does not apply to them. This was the case in New York before gay marriage was nationally legalized and it still applies.

Marriage means parentage then?

Marriage does not convey legal parentage for same-sex couples. If your spouse had your child before you were married, gay adoption in New York is still necessary, particularly when you were not listed as a parent on the birth certificate. Despite marriage equality, adoption laws still vary from state to state so it’s important to check the state laws if you plan on adopting your child outside of New York.

What about the sperm donor?

In the case of an anonymous donor, typically the donor has given up all parental rights through the donation process. For this reason, using an anonymous donor is beneficial in New York because a married lesbian couple using an anonymous donor can have both parents’ names on the birth certificate. However, that alone does not create parentage, only second parent adoption does this.  Many couples opt for a known sperm donor for various reasons. In this case, the child and the donor will likely come into contact at some point. It’s vital to establish before conception the role the donor will play in the child’s life, and execute any legal documentation outlining anything pertaining to parenting or visitation rights of the donor. Any lesbian couple using a known sperm donor, regardless of whether they identify him as the father on the birth certificate, must undergo the second parent adoption process to secure the non biological mother’s rights to the child.

 

If you need help determining your parental rights or adopting the child (either biological or adopted) of your spouse, call Anthony M. Brown, head of Nontraditional Family and Estates division of Albert W. Chianese & Associations. Anthony is available to answer all questions concerning non traditional family law and adoption for GLBT families. Call 212-953-6447 or email Anthony with any questions or concerns.

 

in Adoption / Known Donor  by Anthony Brown 0 comments

Gay adoption facts for protecting your family

Gay adoption facts for protecting your family

As the laws in New York struggle to keep up with marriage equality, many families are left feeling vulnerable and confused about making sure their family and parental rights are as legally protected as their marriage. Here are a few gay adoption facts and common concerns and what you need to know.

We are ready to adopt a child and looking for gay adoption facts. Can adopt as a couple?

Yes. Same sex couples in New York can jointly petition for adoption, and they need not be married. This may, however, vary by state. If planning to adopt outside of New York, you will need to check the specific state laws.

We are married and having a child through surrogacy or artificial insemination. Is the non biological parent required to adopt our child separately?

In short, yes. Even though the names of both parents may be on the birth certificate, this does not automatically give the non biological parent a legal connection to their child. It’s important to create that legal bond through a stepparent adoption in the event that the relationship dissolves or the biological parent becomes deceased or incapacitated so that the non biological parent can legally maintain a relationship with the child.

How do I know which type of adoption to petition for?gay couple adoption, gay couples adopting, gay adoption facts, gay adoption statistics, lgbt adoption rights, adoption rights, gay adoption rights, gay adoptions

If you’re adopting a child together, a joint adoption will create a legal bond between the child and both parents and is in most cases the best option. If you plan on adopting the biological or adopted child of your partner, whether you are using a surrogate, sperm donor, or your partner already had a biological or adopted child, the specific type of adoption generally depends on whether there is another legal parent already established. If you and your partner are married, generally you would go through the stepparent adoption process. If you are unmarried, you would petition under the co parent or 2nd parent adoption process.

Do I need to track down the other biological parent to consent?

If you had a child through a joint adoption, then typically both parents of the child have already given up their parental rights. In the case of either artificial insemination or surrogacy, legal parentage may be addressed and established prior to the child’s birth and is much simpler if the other biological parent has already given up their legal parental rights. An “adoption surrender” may be needed if the other biological parent has never legally given up their parental rights, or if the child had another adoptive parent in the past.

Will the adoption be valid across state lines?

Yes. Once legal parentage is established through adoption, that child-parent relationship will be recognized nationally.

 

The main point to remember about gay adoption facts for families is to make sure that both parents have established a legal relationship with their children. Anthony M. Brown, the head of Nontraditional Family and Estates division of Albert W. Chianese & Associations, is here to help you make sure that the legal bond of your family reflects your emotional and parental bond. He can help you decide the best course of action to protect your parental rights. Call 212-953-6447 or email me to answer any questions you may have about protecting your family!

in Adoption / Second Parent Adoption  by Anthony Brown 0 comments

The Essential Nature of Second Parent Adoption

What is Second Parent Adoption?

Second parent adoption (also sometimes known as co-parent adoption) is the administrative process through which one partner in a same-sex relationship can become the legally recognized parent of their partner’s biological or adopted child, along with their partner and without the other partner’s parental rights being terminated. Although morally parents should not have to adopt their own children, for whom they planned either biologically through their partner or through adoption, it is strongly advisable to go through this process in order to ensure the security of the child in case of the initial parent’s death, and for logistical purposes when parental responsibility is required in legal, medical and other situations. This is advisable even if the parents are married or in a civil union, as some States and countries do not recognize the legal relationship of the parents to be an indicator of their relationship to their child. Second parent adoption is usually the process taken by unmarried couples, as step-parent adoption is available for those adopting their spouse’s child.

 

Why choose Second Parent Adoption?

Second parent adoptions are widely viewed by LGBT legal rights experts as the best option for children, as it has been found that it increases emotional, psychological, legal and financial security. It is common to think that if you are married or in a civil partnership, you are legally safe when it comes to your rights as a parent. In some places, this is true. New York, for example, recognizes both same-sex partners as parents of a child without second parent adoption being a legal requirement. If, however, you ever want to visit relatives in a different State or go travelling to a different country, it is essential that you are legally recognized as the parent on an international level. Your legal parental status affects decisions such as your child’s healthcare, where they go to school and who would look after them in case of parental death. In 2014 a controversial decision was reached by a Judge in New York, who refused to grant a second parent adoption based on the fact that the couple’s rights were protected whilst they remained in New York.

 

Differences in State Law

Although every State must allow adults in same-sex relationships to petition for secondSame-sex Parenting Wins Increased Rights in Oklahoma parent adoption if the partners are married, the same does not apply for those in relationships that are not legally binding. Fourteen States currently allow the process for non-married same-sex partners:

California; Colorado; Connecticut; District of Columbia; Idaho; Illinois; Indiana; Maine; Massachusetts; New Jersey; New York; Oklahoma; Pennsylvania and Vermont.

These fourteen further States have allowed the process for couples at some point:

Alaska; Delaware; Florida; Georgia; Hawaii; Iowa; Louisiana; Maryland; Minnesota; Oregon; Rhode Island; Texas; Washington and West Virginia.

There are also States that prohibit or limit fostering and adoption by LGBT adults. The current limitations include:

 

  1. The Alabama Court of Appeals ruled that (unmarried) same-sex couples cannot use the stepparent adoption procedures. However, married same-sex spouses must be allowed to do so.
  2. Arizona gives a preference to married couples over a single adult in adoption placement.
  3. The Kansas Court of Appeals recently ruled that Kansas does not permit second parent or co-parent adoption by unmarried couples.
  4. A Kentucky court has said that Kentucky does not permit unmarried couples to use the stepparent adoption procedures.
  5. Mississippi has a statute that prohibits adoptions by couples of the same gender, but under the Supreme Court ruling, Mississippi must allow same-sex spouses to adopt on equal terms with other married couples.
  6. Nebraska does not permit co-parent adoption by unmarried couples.
  7. North Carolina does not permit co-parent adoption by unmarried couples.
  8. Ohio does not permit co-parent adoption by unmarried couples.
  9. Utah does not permit anyone cohabiting in a non-marital sexual relationship to adopt. Utah also gives a preference to married couples over any single adult in adoptions or foster care placement.
  10. Wisconsin does not permit second parent or co-parent adoption by unmarried couples.

Getting Help with The Process

Deciding to adopt a child is one of the biggest decisions you will ever make. It is a decision made from a place of extraordinary love and compassion and one that will take you on an incredible journey; a pathway that is hopefully filled with joy and ends with the family you dream of. It can also be an overwhelming experience; dealing with myriad professionals such as lawyers, agencies and physicians can be stressful and it is best to start from a place of knowledge and confidence. Anthony M. Brown is head of the Nontraditional Family and Estates Division of the law firm of Albert W. Chianese & Associates and specializes in same-sex relationship estate planning and co-parent adoption. If you have questions about adoption you can get in touch with him here.

Step Parent Adoption

To read more about Step Parent Adoption, click here.

in Adoption / Featured Articles / Second Parent Adoption / Step Parent Adoption  by Anthony Brown 0 comments