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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Cuomo Directs Insurers to Cover Fertility Services for Queer Couples

fertility services queer couples

Governor Andrew Cuomo is directing insurers to begin covering fertility services for queer couples.

Health insurance companies in New York must immediately cover fertility services for queer couples, according to a new statewide mandate announced on February 11.fertility services queer couplesfertility services queer couples

Governor Cuomo is directing the Department of Financial Services to eliminate any extra costs facing same-sex couples seeking fertility treatments such as in vitro fertilization, egg freezing, sperm donations, and more. Queer people are sometimes forced to pay six to 12 months of out-of-pocket costs for fertility treatments before qualifying for coverage, while cisgender, heterosexual couples do not face these same barriers.

The Governor’s office did not immediately respond to a question asking whether the mandate extends to transgender people in heterosexual relationships.

“For too long same sex couples have been denied coverage for immediate infertility benefits, forcing them to pay high — often prohibitive — out-of-pocket costs to start a family,” Cuomo said in a written statement. “No New Yorker should be denied the opportunity to become a parent, nor the joys of raising a child, because of their sexual orientation, and this change reflects what we as New Yorkers know to be true: that love is what makes a family, that inclusivity is our strength and that the law should work for all New Yorkers.”

In a statement, Melissa DeRosa, the Governor’s spokesperson and chair of the Council on Women and Girls, said the move is a step toward removing barriers in reproductive health care.

Gaycitynews.com, February 11, 2021 by Tat Bellamy-Walker

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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 Hidden Costs Of Starting A Family When Queer

hidden costs queer

The Hidden Costs Of Starting A Family When Queer

The Hidden Costs Of Starting A Family When Queer – Jac Ciardella sat at his kitchen table in New Jersey and inserted a syringe into a navel orange. His hand flexed as he squeezed the plunger, pushing water into the fruit’s rind. He needed the practice. He was about to inject fertility drugs into his wife, Candice Ciardella, and he wanted to get it exactly right. He knew how painful it could be. gay money
 
Just a year earlier, in February, 2017, the spouses’ positions were swapped: Candice, now 37, was administering the shot for Jac, who’s 40. Jac is a transgender man, and both he and his wife have undergone in vitro fertilization (IVF) in order to have a child.
The couple’s fertility journey started in 2015. The original plan had been to use donor sperm to impregnate Candice. But after six unsuccessful attempts at intrauterine insemination (IUI), they decided to try IVF on Jacwith the idea that Candice could carry one of his fertilized eggs. Candice began giving her husband shots of the hormone human chorionic gonadotropin (hCG), to make him produce extra eggs. 
 
“For years, needles were just part of the routine for us,” Candice says. “I think we had more empathy for one another because we both knew what it felt like. When it comes to the shots and the appointments, not many spouses can say: ‘I know exactly what you’re going through.’ We can.”
 
The process was emotionally taxing for both of them, but especially for Jac. “Someone’s head is between your legs, and it’s awkward for anyone — but, being transgender, it’s extra awkward,” Jac says. “Mentally, I’m feeling like I’m not supposed to be in that position. For me to feel comfortable going through IVF while still keeping my sanity and my integrity was huge.” 
 
Three cycles of IVF weren’t successful, and testing revealed no clear issues that would cause infertility. So in 2018, the Ciardellas decided to try IVF again, on Candice this time. 
 
“It was emotionally defeating. If you can survive IVF and infertility, your marriage should be able to survive just about anything else,” Jac says.  “It’s humbling and debilitating and cruel.” Adding to their stress was the financial strain. The Ciardellas were acutely aware that each failed cycle of IVF and IUI was costing them — big time. “You’re talking about tens of thousands of dollars going out the door,” he says. “It takes toughness.”
Jac and Candice’s story is unique, but the financial burden they faced is not. Most LGBTQ+ couples who want children have to confront the fact that starting a family will be expensive. Adoption, fertility treatments, and surrogates are all costly, often lengthy processes.
 
The Ciardellas say their insurance only covered their testing for issues that could cause infertility, such as blocked fallopian tubes. They had no financial help with the sperm, the IUIs, or the rounds of IVF. All told, over the course of three years, the couple would spend about $120,000 on four IVF cycles, $20,000 on fertility drugs, plus over $10,000 on IUI. “I got those numbers imprinted on my brain,” Jac says. “We always knew that to be parents, we’d need to be cutting into a good chunk of change — but we didn’t expect it to be quite that much.” 
 
Sandy Chuan, MD, a fertility specialist at San Diego Fertility Center, confirms that the costs of conceiving via fertility treatments can be shockingly high for LGBTQ+ couples. 
 
She says sperm samples can cost $600 to $900 per vial. One IUI attempt without insurance costs about $700 to $1,000, plus the donor sperm. “I usually tell my clients to ballpark around $1,500, but they might need to do three to six rounds,” Dr. Chuan explains. If IUI is unsuccessful, the next step is IVF, which Dr. Chuan says can cost as much as $15,000, plus $4,000 to $5,000 for medications to stimulate egg production. The price point for procedures can vary by state and market.
 
Refinery29.com, by Molly Longman, June 15, 2020
 
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Better fertility treatments can mean much older parents. But how does this affect their offspring?

Older parents

For nearly 40 years, fertility treatment has grown ever more advanced and so entrenched that it’s not uncommon for couples to begin their families in their late 30s, 40s or even 50s, producing much older parents.

Much older parents…  But even as questions about the technology to extend fertility have been answered — yes, children born through in vitro fertilization are healthy; yes, freezing embryos appears to be safe; yes, mothers can generally deliver babies safely well beyond the classic childbearing years — another important question is emerging: How old is too old for their offspring?

Offspring like Hayley, the 10-year-old daughter of a 58-year-old, Ann Skye.

“I knew that she was going to really need to build her own support system in life, or potentially would need to,” said Skye, who lives in North Carolina and works in public health. “I think that has really impacted the way we parented her. We were strong proponents of letting her cry [herself] to sleep for that same reason: She needs to be able to self-soothe.”

In December, two prominent psychologists and two reproductive endocrinologists published an opinion paper in the Journal of Assisted Reproduction and Genetics questioning whether it was time to establish age restrictions in the field. They wrote that research has shown that children often experience social awkwardness if their parents are a half-century older than them and face greater risk of autism and psychopathologies. These children are also more likely to serve in a caregiving role and experience bereavement as adolescents or teens compared with their peers whose parents gave birth in their 20s and 30s, they wrote.

Do those risks constitute the potential for “great harm” to the child and outweigh a person’s right to “reproduce without limitation or interference” at any age, the authors asked.

“It is a self-perpetuating issue; the more older patients that seek [fertility] treatment, the more people feel that it is reasonable to seek treatment, especially in an age where sensational births are widely celebrated as positive events in the media,” they wrote.

In the United States, the number of live births to mothers ages 45 to 49 increased from 3,045 in 1996 to 8,257 in 2016, and the number to mothers ages 50 to 54 increased from 144 births to 786 births over the same time period, according to the National Center for Health Statistics. The average age of women becoming mothers in the United States is now 26, up from 23 in 1994, according to the Pew Research Center.

WashingtonPost.com, May 30, 2020 by Eric Berger

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Fertility Clinics Stay Open Despite Unclear Guidelines

fertility clinics stay open

Fertility clinics stay open – Many providers have continued seeing patients through the pandemic, forcing them to choose between clients and staff safety.

Since March, fertility stay open clinics across the country have halted treatments for tens of thousands of people because of Covid-19, forcing patients to suspend their family planning. In recent days, some clinics have reopened, resuming services and procedures despite ongoing coronavirus concerns.

But shifting guidelines and minimal oversight have left clinics to decide for themselves when and how to resume in vitro fertilization, or I.V.F. At clinics where I.V.F. is ramping back up, or never slowed at all, some staff members are concerned about a lack of adequate protective equipment and safety policies.

On April 24, the American Society for Reproductive Medicine issued recommendations for restarting operations, leaving it up to individual clinics to determine how to proceed. The professional society had previously advised fertility clinics to avoid starting new treatments, postpone nonemergency surgeries and shift to telemedicine.

The shutdown generated a flurry of media attention and pushbackfrom fertility doctors and patients. Most clinics paused starting new I.V.F. cycles, which are highly time-sensitive. But a few remained open, even operating at full capacity, causing the industry to debate when to resume care and what counts as medically urgent.

“Fertility treatment is by no means elective,” said Leyla Bilali, a nurse at a fertility clinic in New York City, referring to the consensus that infertility is a disease. “It’s just, right now, it’s not a matter of life or death.”

Clinics that stayed open scrambled to implement protocols compliant with the Centers for Disease Control and Prevention, such as temperature checks, masks and physical distancing. Still, people have gotten sick. At Reproductive Medicine Associates of New York, seven staff members have tested positive for Covid-19. At Vios Fertility Institute in Chicago, clinicians have reported flulike symptoms but have not been tested because of limited test availability. And several employees at Extend Fertility, an egg-freezing clinic in Midtown Manhattan, fell ill with possible cases of Covid-19.

“We really didn’t feel it was appropriate to go out on a limb, outside major A.S.R.M. guidelines, and keep things open,” said Dr. Bat-Sheva Maslow, M.D., a reproductive endocrinologist at Extend Fertility who tested positive and recovered from the virus in March. “Covid-19 is almost impossible to control at this point. That weighed very heavily with us.” Extend Fertility has since closed its offices to virtually all patients.

Amid the pandemic, clinics face a dizzying array of vague and, at times, conflicting instructions from states, cities and health agencies like the C.D.C. Doctors must interpret guidelines as they see fit — often the case in fertility services, which are largely paid out-of-pocket and where patient care and profit can be at odds.

Because of unclear guidance, in most states it is difficult to tell whether remaining open during the pandemic is legal or if fertility procedures are considered an essential service. New York is an exception: On April 7, the state’s health department issued an advisory deeming infertility treatment an essential service, thus exempt from closure. New Jersey’s governor, in an executive order responding to the coronavirus crisis, made a similar but less specific exemption, referring to general family planning services but not directly to infertility.

NYTimes.com, by Natalie Lambert, May 1, 2020

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Coronavirus upends years of planning for international adoptions and surrogacy births

Coronavirus adoptions surrogacy

Coronavirus upends years of planning for international adoptions and surrogacy births

Coronavirus upends years of planning for international adoptions and surrogacy births.  Andrea Hoffmann’s mad dash to America began shortly after 2 a.m. on March 12 in Munich, when her husband roused her from sleep and said, “We have to get on a plane now.”Coronavirus adoptions surrogacy

The Hoffmanns both wanted to be in Maryland for the birth of their son to a surrogate who was due in late May. But Christian Hoffmann realized their plans had to be changed after watching President Trump on television as he announced travel restrictions on Europeans to limit the spread of the novel coronavirus.

When Christian left Andrea at the Munich airport at 6 a.m., they expected he would join her in a few weeks.

More than a month later, Christian Hoffmann is still in Munich, working at home for a pharmaceutical company. His wife is living temporarily in an apartment in Frederick, Md., doing administrative tasks on her laptop for her job as an air traffic controller. She has spent countless hours watching the news and the first five seasons of “Game of Thrones” on Netflix, and bonding with their surrogate, who has brought her three daughters to the parking lot of Andrea’s building so she can watch them dance from a second-floor balcony.

“We are just so glad one of us is here,” she said. “I didn’t think it would come to this. I thought, ‘It will be all right; they cannot lock down everything.’ I never would have imagined this situation.”

The sweeping travel restrictions, imposed with little advance notice, have interrupted plans for prospective new families around the world. The United States has imposed restrictions on travelers who have been in China, Iran and most of Europe, as well as Canada and Mexico. Nine of 10 people in the world live in countries that have closed their borders because of the covid-19 outbreak, narrowing international travel to a trickle.

As a result, many people overseas with surrogates in the United States are either stranded thousands of miles away or stuck in the United States, unable to bring their newborns home. And Americans who were about to fly abroad for international adoptions cannot enter the countries where children wait for them, often in orphanages.

“We literally had 15 families who had tickets purchased to leave the next day or in few days, and 10 families ready to purchase tickets,” said Susan Cox, vice president for policy at Holt International, an Oregon-based Christian organization that arranged more than 500 adoptions from other countries last year.

“In some cases, their adoptions had been in process for two or three years. They were finally at the point where the child was ready to travel, and the adoption was ready to be completed. They were so close.”

Thomas Mitchell and his wife, Callie, had been waiting for eight months to bring a 3-year-old boy home from an orphanage in northern China. Mitchell built him a bed that his daughters painted and decorated his room at their home in Chattanooga, Tenn., with a mural of pandas and pagodas. They had plane tickets to China in early February, but 12 days before their departure date, the adoption was put on indefinite hold.

“At first, we thought it would be a couple weeks’ delay,” said Thomas Mitchell, a real estate transaction coordinator. “Then it snowballed. Now, nobody knows when we can go.”

Washington Post, April 16, 2020, by Carol Morello

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How Coronavirus Is Affecting Surrogacy, Foster Care and Adoption

How Coronavirus Is Affecting Surrogacy

How Coronavirus Is Affecting Surrogacy – The pandemic is not just impacting parents and pregnant people — all prospective parents are facing new challenges.

How Coronavirus Is Affecting Surrogacy – Covid-19, the disease caused by the novel coronavirus, has upended life for those who are or hope to become pregnant in the United States. Fertility doctors have indefinitely postponed all advanced fertility treatments, and some major hospitals in hard-hit areas are trying to ban partners and doulas from delivery rooms.

But the pandemic is affecting expectant parents forming families through surrogacy, foster care and adoption as well.

Global travel restrictions have left surrogacy agencies in the United States scrambling for exemptions for their international clients — particularly for those whose surrogates are scheduled to give birth in the next month or two.How Coronavirus Is Affecting Surrogacy

Circle Surrogacy, an agency based in Boston, has 15 international clients with due dates before May 1. “We’ve had our legal team prepare letters for each of these families, which has gotten many of them into the country despite travel bans,” said Sam Hyde, the agency’s president. Still, he said, his foreign clients were at the mercy of individual immigration officials. “Some have been sympathetic to the plight of our clients, others have not — it’s really been a case-by-case basis.”

 

Some intended parents, as clients of surrogacy agencies are known, who are currently struggling to gain entry into the United States are hoping to do so after completing a 14-day quarantine in a country with less severe travel restrictions.

Last week, for instance, Johnny and Patty — a Chinese couple working with a surrogate living in South Carolina — traveled from Shanghai to Phnom Penh, Cambodia, to begin two weeks in isolation at a local hotel. The couple, who work for an international company and use these westernized names, asked that their last name be withheld since surrogacy is still relatively uncommon in China. They hope to complete their quarantine in time to witness the birth of their daughter, who is due in mid-April, and claim guardianship over her.

But with travel restrictions tightening seemingly daily, they worry their effort may still be in vain. “First we bought plane tickets to travel through Thailand, but now travel is restricted there,” Johnny said in an interview from their hotel on the second day of his quarantine. “Then we tried Dubai, but that is now also restricted.” Traveling via Cambodia, he said, was the couple’s “last hope” to reach the United States in time for their daughter’s birth.

Though they would be disappointed to miss the delivery, the couple said they were even more concerned, in that scenario, about the baby’s well-being in the ensuing days before they are allowed to travel. “Who will take care of our baby if we can’t arrive before she’s born?” Patty said.

Will Halm, a managing partner at International Reproductive Law Group, said surrogacy agencies were creating contingency plans for clients living abroad who may be prohibited from entering the United States over the next few months. “Plan A is absolutely to have parents in the U.S., joyfully watching their child being born,” he said. “If they can’t get into the country in time, that’s when we look to plans B, C and D.”

 

In one of the better scenarios, agencies hope friends or family members living in the United States can temporarily assume guardianship of the baby until the intended parents are granted entry into the country. As a backup, however, caseworkers are also preparing strangers — health care professionals, child care providers and even surrogates themselves — to care for the newborns until travel restrictions are eased.

“These babies will not be abandoned,” said Dr. Kim Bergman, founder of Growing Generations, a surrogacy agency with dozens of international clients who may be impacted by travel bans in the coming months. “We have an army of former surrogates who are ready and eager to act as helpers and guardians for as long as necessary.”

The ongoing crisis has created an uncertain environment for foster care parents and children as well. “Basically, everything is on pause until things are back to normal,” said Trey Rabun, who works as a services supervisor at Amara, a foster care agency based in Seattle, Wash. — one of a growing number of states ordering its citizens to work from home.

Amara, whose staff members are included in the state’s proclamation, has been able to continue some aspects of the licensing process for foster parents online, such as initial interviews. But other critical components, like home inspections, need to be done in person, Rabun said.

As a result, the number of foster homes, already all too scarce in Washington before the crisis hit, will remain static for the state’s over 10,000 foster care children until the pandemic subsides and business returns to normal, Rabun said. Of bigger concern to him, and other foster care professionals throughout the country, is the impact that “stay at home” orders may have on children not yet accounted for in the system.

“We know abuse and neglect happen more in high-stress situations,” Rabun said. But the people who would normally notice and report these sorts of problem, like teachers and doctors, will be unable to do so in the days and weeks ahead. “No one has eyes on them,” he said.

With courts and other government offices closed in many states, parents who had hoped to finalize adoptions within the next couple of months are also now navigating a drastically changed landscape — particularly for parents completing adoptions abroad.

 

Early in the year, when the coronavirus was barely registering as a news story outside of Asia, Holt International — an agency that facilitates adoption placements between Chinese orphanages and adoptive parents in the United States — was already closely monitoring and responding to the outbreak.

NYTimes.com, by David Dodge, April 1, 2020

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The post How Coronavirus Is Affecting Surrogacy, Foster Care and Adoption appeared first on Time For Families.


Source: Time for Families