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
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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
Slide2TYPES OF SURROGACY
TRADITIONAL-SURROGATE IS BOTH LEGAL AND BIOLOGICAL MOTHER
GESTATIONAL-SURROGATE IS NEITHER LEGAL NOR BIOLOGICAL MOTHER
Slide3Why 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
Slide4Pre-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
Slide5Pre-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
Slide6PRE-BIRTH JUDGMENT
PRE-BIRTH JUDGMENT
POST BIRTH ADOPTION-SOME PEOPLE STILL PREFER AN ADOPTION INSTEAD OF A PRE-BIRTH ORDER
Slide7Traditional 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
Slide8What to Make the Parents Aware of
Timing of the arrangement
Cost
Emotional difficulty
A. Support groups
B. Counseling
Complexity
Medical risk
Legal risk
Slide9State Law MattersWhere the parents reside
Where the carrier resides
Where the carrier delivers
Slide10Legal Work NecessaryContract between the parties
Birth order to place the intended parents on the birth certificate
Slide11InsuranceCoverage for IVF
Coverage for pregnancy
Coverage for the Child
Slide12Escrow AccountAllows the parents to concentrate on the pregnancy
Provides proof of payment in case of dispute
Slide13Cross-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
Slide14Cross-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.
Slide15Medical 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
Slide16Citizenship 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.
Slide17Immigration IssuesImmigration issues are in constant flux
Must examine these issues and the chances they can change midstream.
Slide18Legal 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
Slide19Cost 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.
Slide20CONTACT 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