millennial parentage who is a parent in 2015? mil·len·nial miˈlenēəl/ noun plural noun:...
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MILLENNIAL PARENTAGEWho is a parent in 2015?
mil·len·nialmiˈlenēəl/nounplural noun: millennials; plural noun: MillennialsThe demographic cohort following Generation X. There are no precise dates when the generation starts and ends. Researchers and comentators use birth years ranging from the early 1980s to the early 2000s.
SURRATT LAW PRACTICE• Nevada and California Attorneys• Las Vegas and & Reno, Nevada • 12 Years of Assisted Reproductive Experience• AAARTA Fellow• American Fertility Association• American Society of Reproductive Medicine• Resolve• National LGBT Bar Association• Nevada State Bar Family Law and LGBT Sections• Lobbyist Chair for NJA & Sections of State Bar• Nevada Supreme Court Bench Bar Committee
DEFINITIONS
• ART• ABA Model Act versus UPA• Third Party Reproduction• Artificial Insemination, IUI, IVF• Intended Parent• Gestational Carrier• Traditional Surrogacy • Recipient Parents
PRE 2009
Old Fashioned Paternity and Maternity
Rebuttable Presumptions:1. Married to woman who gives birth
presumed dad2. Woman gives birth presumed mom3. Cohabitating with woman pre and through
conception4. Attempted marriage5. During minority father “receives child into
his home and openly holds out the child as his natural child”
Conclusive Presumption:6. DNA test
THE START OF ART LAWS• 1978 First IVF Baby, Louise
Brown, Born in London• 1981 – First US IVF Baby
Born• 1984 First Live Birth from
Donor Oocytes• 1992 Fertility Clinic Success
Rate and Certification Act – mandated CDC to collect ART cycle information
CHANGES IN ART
• 1990: 122 BIRTHS FROM DONATED EGGS
• 2006: 13,984 FRESH/FROZEN DONOR EGGS
• 2012: 19,847 FRESH/FROZEN DONOR EGGS
EXAMPLE OF A NEW ART LAW
• Nevada• Effective 2013• Gender Neutral• Marital Status Neutral• Eliminated Old Surrogacy
Statute• Eliminated Old Artificial
Insemination Statute
NEVADA EGG, SPERM & EMBRYO DONATION
Old law: Sperm Only, Married, Physician AssistedNew law: • Includes eggs and embryos • New law applies to unmarried
co-parents• New law no requirement to be
physician assisted
Intentional Parenthood1. Paternity Holding Out2. Consent with Intent3. Must be in signed record4. If not, if they reside together
first 2 years of child’s life and hold child out as their own.
5. Contested spouse actions must happen in first 2 years of learning of birth of child.
6. Consent can be withdrawn.7. St Mary v. Damon
GESTATIONAL CARRIER AGREEMENTS
1. Old Law2. New Law3. Marital Status Neutral4. Gender Neutral5. No Traditional Surrogacy6. Compensation Allowed7. Contract Before Medical8. Attorneys Required9. Pre-Birth Orders Allowed
CURRENT ART WORLD• ASRM has created guidelines
for gamete and embryo donation
• The guidelines include medical and psychological screening of recipients and donors
• ASRM also created recommendations for practices utilizing gestational carriers.
• Agencies have popped up everywhere for matching of donors and surrogates
CURRENT ART WORLD• Parentage is State
Dependent• States are either
prohibitive, restrictive, permissive, or silent.
• Surrogacy restriction often turns on compensation
• Pre-Birth Parentage Debate
• Parentage Process Varies dramatically
CURRENT ART WORLD• Distinctions of “known”
versus “anonymous”• Agency or No Agency• Independent Legal
Representation• Screening Process• Insurance Concerns• Embryo Adoption versus
Donation
ART CONTRACT ISSUES• Termination/Selective
Reduction• Reimbursement/Payments• Breach Provisions• Insurance• Parentage Determination• Confidentiality• Future Contact• Management of Pregnancy• Death of Intended Parent or
Divorce
MARRIAGE EQUALITY
• Versus Parentage Equality• Presumptions• Full Faith and Credit
Questions• Battle of Jurisdictions• Step Parent Adoptions• Unmarried Couples
Domestic Partnerships
• Equals Marriage • State Benefits • No Federal Benefits • Parenting Agreements• Full Faith and Credit
FINAL QUOTES
“Although there are many trial marriages, there is no such thing as a trial child.” – Gail Sheehy• What does the future hold?• Advances in technology?• Advances in legal authority?• International ART changes?• Ethical Concerns?
QUESTIONS
SURRATT LAW PRACTICE, PCwww.LawyersForFamilies.com
Reno Phone: 1-775-626-8200Las Vegas Phone: 1-702-318-7095
3705 Lakeside DriveReno, Nevada 89509
3303 Novat St., Ste 101Las Vegas, Nevada 89129