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Pitfalls of US  Citizens Engaging Pitfalls of US  Citizens Engaging

Pitfalls of US Citizens Engaging - PowerPoint Presentation

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Pitfalls of US Citizens Engaging - PPT Presentation

in Surrogacy Abroad Melissa B Brisman Esq November 17 2017 Duke LawCAP Conference Melissa B Brisman Esq LLC Montvale NJ TYPES OF SURROGACY TRADITIONALSURROGATE IS BOTH LEGAL AND BIOLOGICAL MOTHER ID: 926705

carrier gestational legal birth gestational carrier birth legal child order pre surrogacy parents surrogate llc law born esq brisman

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Slide1

Pitfalls of US Citizens Engaging in Surrogacy Abroad

Melissa B. Brisman, Esq.

November 17, 2017

Duke Law/CAP Conference

Melissa B. Brisman, Esq., LLC

Montvale

, NJ

Slide2

TYPES OF SURROGACY

TRADITIONAL-SURROGATE IS BOTH LEGAL AND BIOLOGICAL MOTHER

GESTATIONAL-SURROGATE IS NEITHER LEGAL NOR BIOLOGICAL MOTHER

Slide3

Why a Gestational Carrier rather than a Traditional Surrogate

It is safer for

couples

to use both an egg donor and a gestational carrier

A gestational carrier is not genetically related to the child that she is carrying

Without a biological connection to the child, a gestational carrier is less likely to succeed in asserting any legal rights to the child she carried

Slide4

Pre-Birth Order

Ideally, the

client

should contract with a gestational carrier who lives or intends to deliver in a location where the

person/couple

can obtain a pre-birth order recognizing one or both

as

legal parents

Slide5

Pre-Birth Order

Without a birth order, the gestational carrier will be recognized as a legal parent on the child’s birth certificate until her rights can be terminated either through a termination proceeding or an adoption

Slide6

PRE-BIRTH JUDGMENT

PRE-BIRTH JUDGMENT

POST BIRTH ADOPTION-SOME PEOPLE STILL PREFER AN ADOPTION INSTEAD OF A PRE-BIRTH ORDER

Slide7

Traditional Surrogacy Has not Changed Much over the Years

In the case where the womb and the egg are from the same party, biology still governs

Slide8

What to Make the Parents Aware of

Timing of the arrangement

Cost

Emotional difficulty

A. Support groups

B. Counseling

Complexity

Medical risk

Legal risk

Slide9

State Law MattersWhere the parents reside

Where the carrier resides

Where the carrier delivers

Slide10

Legal Work NecessaryContract between the parties

Birth order to place the intended parents on the birth certificate

Slide11

InsuranceCoverage for IVF

Coverage for pregnancy

Coverage for the Child

Slide12

Escrow AccountAllows the parents to concentrate on the pregnancy

Provides proof of payment in case of dispute

Slide13

Cross-Border Gestational Carrier Arrangements

Many

people are

entering into cross-border gestational carrier arrangements (i.e.,

India, Ukraine, Cypress, )

Clients must investigate

whether surrogacy is legal in the gestational carrier’s country and whether their sexual orientation and/or use of a gestational carrier could prevent them from returning home with the child

Slide14

Cross-Border Gestational Carrier Arrangements

In India, new laws are being proposed to regulate the country’s gestational carrier industry.

The law

now prohibits foreigners from

contracting with Indian gestational carriers.

Slide15

Medical Care in The Foreign CountryMost surrogacy's are under taken in less developed countries

Examine the quality of the medical care

The success rate

Neo Natal Care if your child is born early

Slide16

Citizenship IssuesChildren born abroad without US gametes may have trouble being considered US citizens.

Need to ensure your child will be a United States citizen if born abroad otherwise you may have trouble bringing the child to the United States.

Slide17

Immigration IssuesImmigration issues are in constant flux

Must examine these issues and the chances they can change midstream.

Slide18

Legal IssuesIn the United States the law can not be changed retroactively.

In many foreign countries the legal climate can change quickly and without warning leaving options limited if a gestational carrier is pregnant.

Insurance, birth certificates, legal parentage all must be examined

Slide19

Cost IssuesGenerally US citizens go abroad to save money

In the end it may not be cheaper if you calculate travel costs; lost wages; immigration costs

If the child is born early or there are immigration issues you can be stuck in the country for quite some time.

Slide20

CONTACT INFO

  Melissa B. Brisman, Esq.

Melissa B. Brisman, Esq., LLC

One Paragon Drive, Suite 158

Montvale, NJ 07645

201-505-0099

201-505-0097 Fax

www.reproductivelawyer.com

info@reproductivelawyer.com

 

Reproductive Possibilities, LLC and Surrogate Fund Management, LLC

One Paragon Drive, Suite 160

Montvale, NJ 07645

Phone: 201-505-0078

Fax:  201-505-0994

www.reproductivepossibilities.com

www.surrogatefundmanagement.com

Info@reproductivepossibilities.com