Parentage Orders New York

Parentage Orders New York

Parentage Orders in New York have just become an easier option for lesbian families.

Parentage orders in New York are a reality after the passage of the Child Parent Security Act, a long-awaited statute that acknowledges how gay and lesbian couples and individuals have families and offers a direct course to legal parentage.  As of February 15, 2021, New York has joined the legion of states that not only legalize gestational surrogacy, but also recognize how gay and lesbian couples and individuals have families and assist them in protecting those families with a direct pathway to parenthood.parentage orders New York

Parentage Orders in New York are now a reality.  Before February 15, 2021, the only clear way of establishing parentage in New York was through second or step-parent adoption.  Many couples still choose to establish parentage through the adoption process because it is the gold standard of parentage.  There is Supreme Court precedent for the recognition of adoption orders when the court refused to hear a case challenging the validity of an adoption order for a gay couple.  There are still specific indications when adoption is preferred over a parentage order, however, if you are not a couple that travels Internationally or if you have no plans to move to a gay-unfriendly state, the New York statute will provide the protection your family deserves.

The process for a parentage order differs slightly between Counties, but there is some regularity that you can count on.  First, the question of jurisdiction remains one that hinges on the cost of the process.  If you choose to file in Supreme Court, you will receive an Order from that court that will most likely result without a court appearance.  There are some costs associated with this method.  When you file in Supreme Court, one of the procedural elements is the filing of a Request for Judicial Intervention (RJI), which comes with the cost of a $350.00 filing fee.  When you file in Family Court, the case is heard by a Support Magistrate.  There is no filing fee, however, there may be an appearance required. 

parentage orders new yorkIf COVID-19 restrictions apply, appearances are virtual.  This means that you will not have to go to court but log in to a virtual hearing online.  COVID-19 will at some point in the future be an issue of the past.   Families will have to weigh the costs of filing and the costs of appearing in court. 

The specifics of filing will include a Petition, which collects the necessary information the court needs to process the request.  The court also wants to hear from either the clinic that facilitated the pregnancy, the anonymous provider of sperm or the petitioners if they used home insemination to get pregnant.  The Court wants to make sure that all Parties who should be notified of the proceeding are accounted for.   The Petition verifies that the petitioning couple has lived in the State of New York for the last six months, that they consented to the Assisted Reproduction, the proposed name of the child and when the child is due to be born, or when they were born. 

For couples who have their families with the assistance of an anonymous sperm donor, the court will require a letter from the sperm provider to affirm that the donor was indeed anonymous and has no legal parentage rights to the child.  For couples who work with a known, or directed, donor, the court will view a Known Donor Agreement as proof that the donor does not intend to be a parent.  If there is no Agreement in place, your Attorney will have to draft an Affidavit that the Donor would sign to affirm their intentions to the court.  The Support Magistrate hearing the case may also request that your donor appear at your hearing.

Parentage Orders New York

The fact that we now have Parentage Orders in New York is a huge step forward for LGBTQ families.  While some couples will still choose to create legal parentage through second or stepparent adoption, we have another, lower cost option.  Parentage Orders in New York are a simple, straightforward way to affirm a family’s legal status and are available in many States across the Country.  Thanks to The Child Parent Security Act, our families are more secure and the Courts are learning more about how we have our families and protect them from challenge.

 

By Anthony M. Brown, June 1, 2021. www.TimeForFamilies.com

 

 

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The State Department reverses a policy that denied citizenship to some babies born abroad to same-sex parents.

citizenship babies

In a victory for same-sex couples, the State Department on Tuesday said it would grant U.S. citizenship to babies born abroad to married couples with at least one American parent — no matter which parent had biological connection to the child.

The new policy effectively guarantees that American and binational couples who use assisted reproductive technology to give birth overseas — such as surrogates or sperm donations — can pass along citizenship to their children.citizenship babies

Earlier rules had left couples like Allison Blixt and Stefania Zaccari in a precarious — and often unexpected — legal situation.

Ms. Blixt, who is American, and Ms. Zaccari, who is Italian, sued the State Department after their older son, Lucas, was denied citizenship. Lucas was conceived and carried to birth by Ms. Zaccari, while his younger brother, who was conceived and carried by his American mother, was given U.S. citizenship when he was born.

“We are relieved and thankful that our fight for our family to be recognized by the government has finally ended,” Ms. Blixt said on Tuesday in a statement released by Immigration Equality, which was advocating on behalf of same-sex families. “Lucas, who made me a mother, will finally be treated as my son and recognized as American, as his brother always has been.”

The State Department said in a statement that it could not estimate how many couples the new guidance would affect. Lawsuits filed against the State Department during the Trump administration are pending, one official said, but the guidance issued on Tuesday may soon render the litigation moot.

Previously, the State Department, based on an interpretation of 1950s immigration law, required a child born abroad to have a biological connection to an American parent in order to receive citizenship at birth.

The emphasis on biology drew scrutiny in particular for its impact on same-sex couples, who are more likely to use artificial reproductive technology.

In several cases, same-sex couples sued the State Department after their child was not recognized as a U.S. citizen.

In one stark example, the daughter of a married gay couple was denied citizenship, even though both of her fathers are American citizens. In that case, one of the fathers is an American citizen by birth, born and raised in the United States. His husband was born in Britain to an American mother. Their daughter, who was born abroad to a surrogate using a donor egg and sperm from her British-born father, did not qualify for citizenship at birth.

NYTimes.com, May 18, 2021 by Lara Jakes and Sarah Mervosh

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New surrogacy rules mean single man can live his fatherhood dream in UK

single father surrogacy

A teacher has become one of the first single fathers by choice in the UK after a change in the law to end the restriction of surrogacy services to couples only.

David Watkins, 42, was the first man to become a solo parent through Surrogacy UK, the country’s biggest not-for-profit surrogacy organisation, since the rules were reformed in 2019.single father surrogacysingle father surrogacy

Mr Watkins, who teaches deaf pupils in Southampton, was tired of waiting to find a man who shared his dream of becoming a father. He is now the proud parent to six-month-old Miles, who was conceived using his sperm and a donor egg. The fertilised egg was carried by Faye Spreadbury, 37, who gave birth to Miles in July.

“I am celebrating what I have…”

thetimes.co.uk, January 31, 2021

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The Sperm Kings Have a Problem: Too Much Demand

anonymous sperm donors

The sperm kings of America are exhausted.  Many people want a pandemic baby, but some sperm banks are running low. So women are joining unregulated Facebook groups to find willing donors, no middleman required.

The sperm kings of America are exhausted.artificial insemination

These men are flying all over the place. They are shipping their sperm with new vial systems and taking the latest DNA tests because that is what women want now. Sure, they can talk on the phone, but they say it has to be quick because they are driving to Dallas or Kansas City or Portland, Maine, in time for an ovulation window. They would like to remind me they have day jobs.

“People are fed up with sperm banks,” said Kyle Gordy, 29, who lives in Malibu, Calif. He invests in real estate but spends most of his time donating his sperm, free (except for the cost of travel), to women. He also runs a nearly 11,000-member private Facebook group, Sperm Donation USA, which helps women connect with a roster of hundreds of approved donors. His donor sperm has sired 35 children, with five more on the way, he said.

“They realize this isn’t some taboo anymore,” Mr. Gordy said.

If you are one of the roughly 141 million Americans whose body produces sperm, the substance likely seems abundant and cheap. For the rest of us, it is very much neither.

That has always been true, especially if one is discerning. But now, the coronavirus pandemic is creating a shortage, sperm banks and fertility clinics said. Men have stopped going in as much to donate, even as demand has stayed steady at some banks and increased rapidly at others.

“We’ve been breaking records for sales since June worldwide not just in the U.S. — we’ve broken our records for England, Australia and Canada,” said Angelo Allard, the compliance supervisor of Seattle Sperm Bank, one of the country’s biggest sperm banks. He said his company was selling 20 percent more sperm now than a year earlier, even as supplies dwindled.

“Between our three locations, I’ll usually have 180 unique donors donating,” Mr. Allard said. “I’m down to 117. The other month it was 80. I don’t have any indication it’s going to be a positive trend.”

Michelle Ottey, director of operations at Fairfax Cryobank, another large sperm bank, said demand was up for access to its catalog for online sperm shopping because “people are seeing that there is the possibility of more flexibility in their lives and work.”

“I also think part of it is people are trying to find some hope right now,” she added.

The scarcity has people on edge. Many are annoyed.

“Will there by any new donors soon?” someone with the handle BabyV2021 recently wrote on the online forum for California Cryobank, one of the world’s biggest sperm banks. “It seems like the donor supply has been dwindling,” wrote another, who had the handle sc_cal.

And so in the capitalist crunch, Sperm World — the world of people buying and selling sperm — has gotten wild. Donors are going direct to customers. They meet with prospective mothers-to-be in Airbnbs for an afternoon handoff; Facebook groups with tens of thousands of members have sprung up.

The reason I know this at all is simple enough: I am 32 years old, partnered to a woman, stuck at home and in the market for the finest sperm I can get.

By Nellie Bowles, NYTimes.com, January 7, 2021

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Kansas Supreme Court expands parental rights of same-sex couples

KAnsas supreme court same-sex couples

Kansas Supreme Court expands parental rights of same-sex couples

The Kansas Supreme Court issued two decisions Friday with far-reaching implications for same-sex couples, finding that parenting intentions at the moment of a child’s birth are critical to establishing parental rights.KAnsas supreme court same-sex couples

Both cases involved birth mothers who conceived through artificial insemination and were fighting petitions by their former same-sex partners to establish parentage after their romantic relationships had fallen apart. In both cases, the women had not married and they did not have written or oral co-parenting agreements.

The court found that under the Kansas Parentage Act a woman needs only to show that she acknowledged maternity at the time of the child’s birth and show evidence that the birth mother consented at that time to share the care, custody and control of the child.

The cases — one from Butler County and the other from Crawford County — were sent back down to the lower courts for further proceedings consistent with the rulings.

“The court must avoid giving either party a veto after the arrangement has been put in place and into effect at the time of the child’s birth,” the state Supreme Court said. “Allowing unilateral action by either party to thwart the maternity of the other after a child has arrived and vital bonds with both have begun to form is unacceptable.”

Provisions in the Kansas Parentage Act support the idea that it is at the moment of birth when state law deems a child to have either one parent or two, the court said.

The court stopped short of requiring a formal contractual arrangement, but said a demand that each individual makes up her mind at the time of birth incentivizes stability for the child. It likened it to the existence of premeditation when a trigger is pulled, saying the evidence of what is in the mind of the person pulling it may come from words and actions before, during and after the event.

LJWorld.com, November 6, 2020 by Roxana Hegeman

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Birthright Citizenship Ordered for Gay Couple’s Child Born Overseas Through Surrogacy

Birthright citizenship

Birthright Citizenship Ordered for Gay Couple’s Child Born Overseas Through Surrogacy

A US district judge in Georgia issued a ruling on August 27 that the daughter of a married gay male couple, conceived through donor insemination from a donated egg with a woman in England serving as gestational surrogate, should be given birthright citizenship as a US citizen and entitled to a passport over the objections of the State Department.UK Supreme Court

The complication in this case is that the spouse whose sperm was used was not a US citizen at the time, though he has since become one through the marriage to his native-born US citizen husband.

If this sounds familiar, it is because the case of Mize v. Pompeo, decided on August 27, presents issues similar to those in Kiviti v. Pompeo, decided June 17 by a federal court in Maryland, which also ordered the State Department to recognize the birthright citizenship of the child of a married gay couple.

This is a recurring problem encountered by married gay male couples who use a foreign surrogate to have their child overseas.

Under the 14th Amendment, all persons born in the US are citizens at birth, regardless of the nationality or citizenship status of their parents — the only exceptions being children born to foreign diplomats stationed in the US or to temporary tourist or business visitors. The citizenship of children born overseas to US citizens is determined by the Immigration and Nationality Act (INA).

Under the INA, there is a crucial distinction depending on whether the parents are married to each other when the child is born. One provision concerns the overseas children of married US citizens, and a different provision applies if the children are born “out of wedlock.” As interpreted by the State Department, if the parents are married, the child is a birthright citizen so long as it is biologically related to one of them. If the parents are not married, at least one them who is biologically related to the child must be a US citizen who has resided in the US for at least five years.

gaycitynews.com – By Arthur Leonard, September 2, 2020

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The Poly-Parent Households Are Coming

Poly-Parent Households

The Poly-Parent Households Are Coming

The Poly-Parent Households Are Coming.  Consider the following scenario: Anna and Nicole, 36 and 39 years old, have been close friends since college. They each dated various men throughout their twenties and thirties, and had a smattering of romantic relationships that didn’t quite work out. But now, as they approach midlife, both women have grown weary of the merry-go-round of online dating and of searching for men who might — or might not — make appropriate fathers for the babies they don’t yet have. Both Anna and Nicole want children. They want to raise those children in a stable, nurturing environment, and to continue the legacy of their own parents and grandparents. And so they decide to have a baby — a baby that is genetically their own — together.Poly-Parent Households

Such an idea may sound fantastical. But technologies that could enable two women (or two men, or four unrelated people of any sex) to conceive a child together are already under development. If these technologies move eventually from the laboratory into clinical use, and the history of assisted fertility suggests they can and they will, then couples — or rather, co-parents — like Anna and Nicole are likely to reshape some of our most fundamental ideas about what it takes to make a baby, and a family.

To date, most major advances in assisted reproduction have been tweaks on the basic process of sexual reproduction. Artificial insemination brought sperm toward egg through a different, nonsexual channel. I.V.F. mixed them together outside the woman’s body. Little things, really, in the broader sweep of life.

And yet even these have had profound consequences. Humans are reproducing in ways that would have been truly unimaginable just several decades ago: Two men and a surrogate. Two women and a sperm donor. An older woman using genetic material from a much younger egg.

Each turn of the technological screw has been generated by the same profound impulse — to allow people to conceive babies they desperately want, and to build families with those they love. Each development has, in many ways, been deeply conservative, intended to extend or re-create life’s most basic process of production. But as these technologies have expanded and evolved, their impact has become far more revolutionary; they’ve forced us to reconceptualize just what a family means, and what it can be.

For most of human history, after all, families across the Western world were defined in largely biblical terms: one man, one woman, with children conceived through sex and sanctified by marriage. Everyone else was just a bastard.

NYTimes.com, August 12, 2020 by Debra L. Spar

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No Significant Difference in Frozen Embryo v. Fresh Embryo Viability

Frozen Embryo v. Fresh Embryo viability

No Significant Difference in Frozen Embryo v. Fresh Embryo Viability

No significant difference was found in Frozen Embryo v. Fresh Embryo viability.  Sacha Stormlund, M.D., Ph.D., from Hvidovre University Hospital in Copenhagen, Denmark, and colleagues compared the ongoing pregnancy rate between women randomly assigned to assisted reproductive technology treatment with a freeze-all strategy with gonadotropin releasing hormone agonist triggering or a fresh transfer strategy with human chorionic gonadotropin triggering. The 460 women (aged 18 to 39 years) had regular menstrual cycles and were treated at one of eight outpatient fertility clinics in Denmark, Sweden, and Spain.No Significant Difference in Frozen Embryo v. Fresh Embryo Viability

The researchers found that the ongoing pregnancy rate did not differ significantly between the freeze-all and fresh transfer groups (27.8 versus 29.6 percent; risk ratio, 0.98; 95 percent confidence interval, 0.87 to 1.10; P = 0.76). There were also no significant differences between the groups for the live birth rate (risk ratio, 0.98; 95 percent confidence interval, 0.87 to 1.10; P = 0.83). From The BMJ:

Abstract

Objective To compare the ongoing pregnancy rate between a freeze-all strategy and a fresh transfer strategy in assisted reproductive technology treatment.

Design Multicentre, randomised controlled superiority trial.

Setting Outpatient fertility clinics at eight public hospitals in Denmark, Sweden, and Spain.

Participants 460 women aged 18-39 years with regular menstrual cycles starting their first, second, or third treatment cycle of in vitro fertilisation or intracytoplasmic sperm injection.

Interventions Women were randomised at baseline on cycle day 2 or 3 to one of two treatment groups: the freeze-all group (elective freezing of all embryos) who received gonadotropin releasing hormone agonist triggering and single frozen-thawed blastocyst transfer in a subsequent modified natural cycle; or the fresh transfer group who received human chorionic gonadotropin triggering and single blastocyst transfer in the fresh cycle. Women in the fresh transfer group with more than 18 follicles larger than 11 mm on the day of triggering had elective freezing of all embryos and postponement of transfer as a safety measure.

Main outcome measures The primary outcome was the ongoing pregnancy rate defined as a detectable fetal heart beat after eight weeks of gestation. Secondary outcomes were live birth rate, positive human chorionic gonadotropin rate, time to pregnancy, and pregnancy related, obstetric, and neonatal complications. The primary analysis was performed according to the intention-to-treat principle.

Results Ongoing pregnancy rate did not differ significantly between the freeze-all and fresh transfer groups (27.8% (62/223) v 29.6% (68/230); risk ratio 0.98, 95% confidence interval 0.87 to 1.10, P=0.76). Additionally, no significant difference was found in the live birth rate (27.4% (61/223) for the freeze-all group and 28.7% (66/230) for the fresh transfer group; risk ratio 0.98, 95% confidence interval 0.87 to 1.10, P=0.83). No significant differences between groups were observed for positive human chorionic gonadotropin rate or pregnancy loss, and none of the women had severe ovarian hyperstimulation syndrome; only one hospital admission related to this condition occurred in the fresh transfer group. The risks of pregnancy related, obstetric, and neonatal complications did not differ between the two groups except for a higher mean birth weight after frozen blastocyst transfer and an increased risk of prematurity after fresh blastocyst transfer. Time to pregnancy was longer in the freeze-all group.

Conclusions In women with regular menstrual cycles, a freeze-all strategy with gonadotropin releasing hormone agonist triggering for final oocyte maturation did not result in higher ongoing pregnancy and live birth rates than a fresh transfer strategy. The findings warrant caution in the indiscriminate application of a freeze-all strategy when no apparent risk of ovarian hyperstimulation syndrome is present.

August 6, 2020 – DoctorsLounge.com

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The Fight for Fertility Equality

Fertility Equality

A fertility equality movement has formed around the idea that one’s ability to build a family should not be determined by wealth, sexuality, gender or biology.

Fertility Equality – While plenty of New Yorkers have formed families by gestational surrogacy, they almost certainly worked with carriers living elsewhere. Because until early April, paying a surrogate to carry a pregnancy was illegal in New York state.hidden costs queer

The change to the law, which happened quietly in the midst of the state’s effort to contain the coronavirus, capped a decade-long legislative battle and has laid the groundwork for a broader movement in pursuit of what some activists have termed “fertility equality.”

Still in its infancy, this movement envisions a future when the ability to create a family is no longer determined by one’s wealth, sexuality, gender or biology.

“This is about society extending equality to its final and logical conclusion,” said Ron Poole-Dayan, the founder and executive director of Men Having Babies, a New York nonprofit that helps gay men become fathers through surrogacy. “True equality doesn’t stop at marriage. It recognizes the barriers L.G.B.T.s face in forming families and proposes solutions to overcome these obstacles.”

The movement is led mostly by L.B.G.T.Q. people, but its potential to shift how fertility coverage is paid for could have an impact on straight couples who rely on surrogates too.

Mr. Poole-Dayan and others believe infertility should not be defined as a physical condition but a social one. They argue that people — gay, straight, single, married, male, female — are not infertile because their bodies refuse to cooperate with baby making.

Rather, their specific life circumstances, like being a man with a same-sex partner, have rendered them unable to conceive or carry a child to term without medical intervention. A category of “social infertility” would provide those biologically unable to form families with the legal and medical mechanisms to do so.

“We have this idea that infertility is about failing to become pregnant through intercourse, but this is a very hetero-centric viewpoint,” said Catherine Sakimura, the deputy director and family law director of the National Center for Lesbian Rights. “We must shift our thinking so that the need for assisted reproductive technologies is not a condition, but simply a fact.”

Fertility equality activists are asking, at a minimum, for insurance companies to cover reproductive procedures like sperm retrieval, egg donation and embryo creation for all prospective parents, including gay couples who use surrogates. Ideally, activists would also like to see insurance cover embryo transfers and surrogacy fees. This would include gay men who would transfer benefits directly to their surrogate.

NYTimes.com July 22, 2020 by David Kaufman

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Baby Was Infected With Covid-19 in Utero, Study Reports

Covid-19 in utero

Researchers said the case strongly suggests that Covid-19 can be transmitted in utero. Both the mother and baby have recovered.

Researchers on Tuesday reported strong evidence that the Covid-19 can be transmitted from a pregnant woman to a fetus in utero.Covid-19 in utero

A baby born in a Paris hospital in March to a mother with Covid-19 tested positive for the virus and developed symptoms of inflammation in his brain, said Dr. Daniele De Luca, who led the research team and is chief of the division of pediatrics and neonatal critical care at Paris-Saclay University Hospitals. The baby, now more than 3 months old, recovered without treatment and is “very much improved, almost clinically normal,” Dr. De Luca said, adding that the mother, who needed oxygen during the delivery, is healthy.

Dr. De Luca said the virus appeared to have been transmitted through the placenta of the 23-year-old mother.

Since the pandemic began, there have been isolated cases of newborns who have tested positive for the coronavirus, but there has not been enough evidence to rule out the possibility that the infants became infected by the mother after they were born, experts said. A recently published case in Texas, of a newborn who tested positive for Covid-19 and had mild respiratory symptoms, provided more convincing evidence that transmission of the virus during pregnancy can occur.

In the Paris case, Dr. De Luca said, the team was able to test the placenta, amniotic fluid, cord blood, and the mother’s and baby’s blood.

The testing indicated that “the virus reaches the placenta and replicates there,” Dr. De Luca said. It can then be transmitted to a fetus, which “can get infected and have symptoms similar to adult Covid-19 patients.”

A study of the case was published on Tuesday in the journal Nature Communications.

Dr. Yoel Sadovsky, executive director of Magee-Womens Research Institute at the University of Pittsburgh, who was not involved in the study, said he thought the claim of placental transmission was “fairly convincing.” He said the relatively high levels of the coronavirus found in the placenta and the rising levels of virus in the baby and the evidence of placental inflammation, along with the baby’s symptoms, “are all consistent with SARS-CoV-2 infection.”

Still, Dr. Sadovsky said, it is important to note that cases of possible coronavirus transmission in utero appear to be extremely rare. With other viruses, including Zika and rubella, placental infection and transmission is much more common, he said. With the coronavirus, he said, “we are trying to understand the opposite — what underlies the relative protection of the fetus and the placenta?”

NYTimes.com, July 16, 2020 by Pam Belluck

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