Rejection

For almost two years now I've been trying to deal with the feeling of rejection from my biological mother. I still feel extremely blessed to have found her because, it did inform me so much about myself and I got to meet a huge extended family through her. But, I still haven't figured out how to get past that feeling. As I have been reading other donor conceived blogs, and read about other donor conceived going through similar experiences or being rejected before they even got to meet their parent and or siblings it reminds me that I'm not alone. That this is just another one of the pits for third party reproduction for some of us.
My relationship with my biological mom deteriorated after some time, and the loss and rejection that I felt was extremely deep. I've tried to maintain hope that time may mend fences, but alternately trying to accept the fact that I'm not entitled to a relationship with anyone, and just to cherish the people in my life who I do have.
In life we all have relationships that end romantic relationships, friendships etc. I know that time heals those wounds, but I don't know that time is going to heal this. Are there any donor conceived out there who have been in this situation and have made it to the other side? I would love to hear from you.

Taking on reproductive justice by Rebecca Liaw, Business Intern

 The author of this article is writing about a lecture she attended given by Dr. Hille Haker at LMU. The topic was on the ethics and morality of assisted reproduction. There is definitely a growing voice out there questioning these issues, seeing this restores my faith in people!

Points that the author made that I wanted to highlight are:

"Did you know an egg donor can make between $5,000 and $10,000 for an embryo egg “donation?” Young women, particularly those struggling to pay college bills, are scouted for in magazines and newspapers to donate their eggs or be surrogate mothers."

" As Haker said, egg donors and surrogate mothers make the autonomous choice to offer their services, but they often are ot aware of the severe psychological trauma that can arise from anything from birth complications to having to finally turn over their child to even the nagging thoughts that arise years later."

"These procedures, in theory, should be freeing; the ability to pre-screen for health issues allows for parents to pick and choose which pregnancies are essentially “worth it.”" I'd like to point out that this industry increases the number of abortions that are performed. Some are due to the genetic screening, but it's also due to the fact that too many embryos are transferred over to surrogates which causes a need to selective fetal reduction to ensure a safe pregnancy. This is done to ensure a higher success rate of pregnancy since the process is costly. I won't state my personal views on abortion, but should we be creating situations intentionally for abortions? 


"To paraphrase Dr. Haker, as a society, we have failed the parents and children of our world because we have forgotten to acknowledge and forgive. We should remember the mothers and fathers, weary yet hopeful, waiting in the glow of anticipated parenthood for their children. We need to recognize surrogate mothers, most often young women at the ends of their rope, but with enough strength and grace to offer themselves and their children. And we need to remember the children who, from whatever circumstances of surrogacy, adoption and assistance, will grow into young men and women who might desire to find their origins of their conception into being.
When society overlooks actual people in favor of “high” morals and standards, that is when we have failed as a people."

This is where I don't fall o the same page as Dr. Haker. I think we as a society need to keep the high morals. The high morals are what would keep children safe. This is not at all to say that I don't empathize with the parents who are struggling to start there family. But as I've stated many times in my blog, please look to traditional adoption, or being a foster parent. Children are not a right, they are a blessing. When we put the message out their that we are entitled to have children, we are demeaning the rights of the people who are conceived this way to know their biology. One person's right should not outweigh another. 

For the full article please follow the link below.


http://www.laloyolan.com/opinion/taking-on-reproductive-justice/article_771780be-90fd-11e3-b9a1-0017a43b2370.html?fb_action_ids=10152288082152642&fb_action_types=og.recommends&fb_ref=.Uvj40CI9NJ8.like&fb_source=other_multiline&action_object_map=[412813648862844]&action_type_map=[%22og.recommends%22]&action_ref_map=[%22.Uvj40CI9NJ8.like%22]

New York State Assembly Bill No. A06701

I'm highly saddened to see another piece of legislation aimed at legalizing surrogacy, where I don't see anything that protects children in the most basic of levels. From my perspective, when I read this bill I see that the goals of the bill are to clear up any legal custodial issues that might arise from a surrogacy agreement. I see that we want to ensure that surrogates have a right to be paid for their services.

Why am I not seeing that we should require home studies to be done prior to children being conceived through these technologies?

One thing that is highly agreed upon within the donor conception community is that anonymity should not be allowed. In reading this bill I see that there are provisions for using anonymous donor gametes.  But, I feel that there are some parents who fear that if their donors were known it would complicate the custodial issues for them, so they would prefer not to know the donor or allow the children to know their biological parent.

The word "donor" from the get go is a misnomer. Very few actually "donate" their sperm or egg, they're usually financially compensated. That means it's not a donation! But this profit driven industry has captured all the feel good vocabulary and pushed it so much, that we as a society don't even question it. These feel good words take place of, bought & sold, abandoned, etc.

If you are someone who is considering using 3rd party "donor" conception please read the bill below. The link below will take to the website where the bill is listed.While reading the bill try and put yourself in the shoes of someone who is donor conceived. Notice how the intended parents are protected (which ultimately helps clinics who participate in this have their finances increased) the surrogates, but not the children. Try and imagine the feelings you could have towards this industry, when we see that from the get go donor conceived children aren't treated as a blessing, but a right.

http://assembly.state.ny.us/leg/?default_fld=&bn=A06701&term=2013&Summary=Y&Memo=Y&Text=Y

A06701 Summary:

BILL NO    A06701 

SAME AS    SAME AS S04617

SPONSOR    Paulin (MS)

COSPNSR    Titone, Lavine, Zebrowski, Weprin, Robinson, Galef, Jaffee, Otis,
           Scarborough, Gabryszak, Cook, Boyland, Stirpe, Benedetto

MLTSPNSR   Bronson, Gottfried, Markey, Millman, Rosa, Wright

Add Art 5-C Parts 1 - 7 SS581-101 - 581-703, Fam Ct Act; rpld S73 & Art 8, Dom
Rel L

Establishes the child-parent security act to legally establish a child's
relationship with his or her parents.

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A06701 Memo:

BILL NUMBER:A6701

TITLE  OF BILL:   An act to amend the family court act, in relation to
establishing the child-parent security act; and to repeal  section  73
and article 8 of the domestic relations law, relating to legitimacy of
children  born  by  artificial  insemination  and  surrogate parenting
contracts

PURPOSE OR GENERAL IDEA OF BILL:

To legally establish a child's relationship to his or her parents.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new article 5-C to the Family Court Act, enacting the
"Child-Parent  Security  Act."  Part  one  of  the  article   provides
definitions.  Part  two establishes the requirements and procedure for
obtaining a judgment of parentage of a child  born:  through  assisted
reproduction  or  artificial  insemination,  pursuant to a gestational
carrier arrangement, and for a child whose  parentage  is  established
pursuant  to  section  581-601 of article 581-C. Part three sets forth
provisions for determining  the  parentage  of  a  child  of  assisted
reproduction   or   artificial   insemination.  Part  four  authorizes
gestational carrier agreements and sets forth the requirements of such
agreements. Part five sets forth the conditions for reimbursement  and
compensation  to  donors  and gestational carriers.  Part six provides
for determination of parenthood where an individual can demonstrate by
clear and convincing evidence that the parent of the  child  consented
to  the  formation  of a parent-child relationship with the child, the
person resided in the same household with the child for  a  length  of
time  sufficient  to have established a parental relationship with the
child, the  person  performed  parental  functions  to  a  significant
degree, and the person formed a pa rent-child bond with the child.

Section 2 repeals section 73 of the Domestic Relations Law.

Section 3 repeals Article 8 of the Domestic Relations Law.

Section 4 provides the effective date.

JUSTIFICATION:

New York law has failed to keep pace with medical advances in assisted
reproduction,  causing  uncertainty  about  who the legal parents of a
child are upon birth. In many cases, parentage created  through  these
technologies  is  not  recognized  under current law. This is not only
detrimental to the child; it also causes confusion  in  many  critical
situations.  For  example,  a  hospital  does  not  know who must give
consent when a newborn requires medical procedures.

Importantly, this legislation lifts the ban on surrogacy contracts  to
permit  gestational carrier agreements and sets forth the criteria for
such agreements. When all of the requirements set forth in the law are
met, the intended parents can obtain an "Order of  Parentage"  from  a
court  prior  to  the  birth  of  the  child,  so that upon birth, the
intended parents are the legal parents. The requirements are  designed
to  ensure  that all parties enter into the agreement on equal footing


and with full knowledge of their duties and obligations. For  example,
all  parties must be represented by independent legal counsel, and the
agreement may not limit the right of  the  carrier  to  make  her  own
healthcare decisions.

Because  of  New  York's laws, couples facing infertility and same-sex
couples are forced to go out of state in order to  have  a  child  via
gestational  carrier.  This  is  overly burdensome to the parents, who
have often already struggled for many years to have a child. Having an
out-of-state gestational carrier does not allow  for  the  parents  to
fully participate in the pregnancy by attending doctor's appointments,
etc..  It  also  requires the participants to use out-of-state clinics
and medical professionals despite the fact that New York  is  home  to
world-class medical facilities and fertility professionals.

This legislation also establishes a legal procedure for a partner of a
biological  or  adoptive  parent who has formed a parental bond with a
child after birth, with the consent  of  the  biological  or  adoptive
parent  to be declared a parent. This will allow such an individual to
continue to have a relationship with the child should the relationship
with the biological or adoptive parent dissolve.

The Child-Parent Security Act will provide clear  and  decisive  legal
procedures  to  ensure  that  each  child's relationship to his or her
parent(s) is legally recognized. The new legal  procedures  will  take
into  consideration  the  best interests of the child and the need for
clarity and stability in family relationships. It is crucial that  New
York  updates  its  laws to reflect all the ways in which families are
formed.

PRIOR LEGISLATIVE HISTORY:

A10499, 2012, referred to judiciary.

FISCAL IMPLICATION:

None

EFFECTIVE DATE:

This act shall take effect on the one hundred twentieth day  after  it
shall   have  become  a  law.  Effective  immediately,  the  addition,
amendment and/or repeal of any rule or regulation  necessary  for  the
implementation  of  this act on its effective date is authorized to be
made on or before such date.

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A06701 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         6701

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                    April 16, 2013
                                      ___________

       Introduced by M. of A. PAULIN, TITONE, LAVINE, ZEBROWSKI, WEPRIN, ROBIN-
         SON,  GALEF,  JAFFEE,  OTIS,  MAISEL,  SCARBOROUGH,  GABRYSZAK,  COOK,
         BOYLAND -- Multi-Sponsored by -- M.  of A. GOTTFRIED, MARKEY, MILLMAN,
         ROSA, WRIGHT -- read once and referred to the Committee on Judiciary

       AN ACT to amend the family court act, in relation  to  establishing  the
         child-parent  security  act; and to repeal section 73 and article 8 of
         the domestic relations law, relating to legitimacy of children born by
         artificial insemination and surrogate parenting contracts

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. The family court act is amended by adding a new article 5-C
    2  to read as follows:
    3                                  ARTICLE 5-C
    4                          CHILD-PARENT SECURITY ACT
    5  PART 1 GENERAL PROVISIONS (581-101 - 581-103)
    6       2 JUDGMENT OF PARENTAGE (581-201 - 581-206)
    7       3 CHILD   OF   ASSISTED  REPRODUCTION  OR  ARTIFICIAL  INSEMINATION
    8         (581-301 - 581-307)
    9       4 GESTATIONAL AGREEMENT (581-401 - 581-411)
   10       5 PAYMENT TO DONORS AND GESTATIONAL CARRIERS (581-501 - 581-502)
   11       6 FORMATION OF LEGAL PARENT-CHILD RELATIONSHIP AFTER BIRTH OF CHILD
   12         (581-601)
   13       7 MISCELLANEOUS PROVISIONS (581-701 - 581-703)

   14                                   PART 1
   15                             GENERAL PROVISIONS
   16  SECTION 581-101. SHORT TITLE.
   17          581-102. PURPOSE.
   18          581-103. DEFINITIONS.
   19    S 581-101. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY  BE  CITED
   20  AS THE "CHILD-PARENT SECURITY ACT".

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05071-04-3
       A. 6701                             2

    1    S  581-102.  PURPOSE. THE PURPOSE OF THIS ARTICLE IS TO LEGALLY ESTAB-
    2  LISH A CHILD'S RELATIONSHIP TO HIS OR HER PARENTS.
    3    S 581-103. DEFINITIONS.  (A) "ARTIFICIAL INSEMINATION" MEANS INSERTION
    4  OF  SPERM INTO FEMALE REPRODUCTIVE ORGANS BY ANY MEANS OTHER THAN SEXUAL
    5  INTERCOURSE, INCLUDING INTRAUTERINE INSEMINATION,  WITH  THE  INTENT  TO
    6  CAUSE A PREGNANCY.
    7    (B) "ASSISTED REPRODUCTION" INCLUDES ALL FERTILITY TREATMENTS IN WHICH
    8  BOTH  EGGS  AND  SPERM  ARE  HANDLED. IN THE FOREGOING CONTEXT, THE TERM
    9  INCLUDES, BUT IS NOT LIMITED TO IN-VITRO FERTILIZATION AND  TRANSFER  OF
   10  EMBRYOS INCLUDING DONATED GAMETES OR DONATED EMBRYOS.
   11    (C) "ART PROVIDER" MEANS ANY ENTITY WHICH ASSISTS WITH ASSISTED REPRO-
   12  DUCTIVE TECHNOLOGY.
   13    (D)  "ASSISTED  REPRODUCTIVE  TECHNOLOGY"  OR  "ART" IS ANY MEDICAL OR
   14  SCIENTIFIC INTERVENTION, INCLUDING, BUT NOT LIMITED TO, ASSISTED REPROD-
   15  UCTION, PROVIDED FOR THE PURPOSE OF ACHIEVING LIVE  BIRTH  THAT  RESULTS
   16  FROM  ASSISTED  CONCEPTION. ASSISTED CONCEPTION MEANS THE FORMATION OF A
   17  HUMAN EMBRYO OUTSIDE THE BODY WITH THE INTENT TO PRODUCE A LIVE BIRTH.
   18    (E) "CHILD" MEANS A LIVE BORN INDIVIDUAL OF ANY  AGE  WHOSE  PARENTAGE
   19  MAY BE DETERMINED UNDER THIS ACT OR OTHER LAW.
   20    (F) "COLLABORATIVE REPRODUCTION" INVOLVES ARTIFICIAL INSEMINATION WITH
   21  DONOR  SPERM  AND ANY ASSISTED REPRODUCTION IN WHICH AN INDIVIDUAL OTHER
   22  THAN THE INTENDED PARENT PROVIDES GENETIC MATERIAL OR AGREES TO ACT AS A
   23  GESTATIONAL CARRIER. IT CAN INCLUDE, BUT IS NOT LIMITED TO, (1) ATTEMPTS
   24  BY THE INTENDED PARENT TO CREATE A CHILD THROUGH MEANS OF A  GESTATIONAL
   25  ARRANGEMENT,  WITH  OR  WITHOUT  THE  INVOLVEMENT  OF  A  DONOR, AND (2)
   26  ASSISTED REPRODUCTION INVOLVING A DONOR WHERE A GESTATIONAL  CARRIER  IS
   27  NOT USED.
   28    (G)  "COMPENSATION"  MEANS  PAYMENT  OF ANY VALUABLE CONSIDERATION FOR
   29  TIME, EFFORT, PAIN AND/OR RISK TO HEALTH IN EXCESS OF REASONABLE MEDICAL
   30  AND ANCILLARY COSTS.
   31    (H) "DONOR" MEANS AN INDIVIDUAL WHO PRODUCES EGGS OR  SPERM  USED  FOR
   32  ASSISTED  REPRODUCTION  OR  ARTIFICIAL  INSEMINATION, WHETHER OR NOT FOR
   33  CONSIDERATION. DONOR ALSO INCLUDES AN  INDIVIDUAL  OR  INDIVIDUALS  WITH
   34  DISPOSITIONAL  CONTROL OF AN EMBRYO WHO PROVIDE IT TO ANOTHER PERSON FOR
   35  THE PURPOSE  OF  GESTATION  AND  RELINQUISHES  ALL  PRESENT  AND  FUTURE
   36  PARENTAL  AND  INHERITANCE  RIGHTS AND OBLIGATIONS TO A RESULTING CHILD.
   37  THE TERM DOES NOT INCLUDE AN INTENDED PARENT WHO PROVIDES GAMETES TO  BE
   38  USED FOR ASSISTED REPRODUCTION OR ARTIFICIAL INSEMINATION.
   39    (I)  "EMBRYO"  MEANS  A  CELL  OR  GROUP OF CELLS CONTAINING A DIPLOID
   40  COMPLEMENT OF CHROMOSOMES OR GROUP  OF  SUCH  CELLS,  NOT  A  GAMETE  OR
   41  GAMETES,  THAT HAS THE POTENTIAL TO DEVELOP INTO A LIVE BORN HUMAN BEING
   42  IF TRANSFERRED INTO THE BODY  OF  A  WOMAN  UNDER  CONDITIONS  IN  WHICH
   43  GESTATION MAY BE REASONABLY EXPECTED TO OCCUR.
   44    (J) "EMBRYO TRANSFER" MEANS ALL MEDICAL AND LABORATORY PROCEDURES THAT
   45  ARE  NECESSARY  TO EFFECTUATE THE TRANSFER OF AN EMBRYO INTO THE UTERINE
   46  CAVITY.
   47    (K) "GAMETE" MEANS A CELL CONTAINING A HAPLOID COMPLEMENT OF DNA  THAT
   48  HAS  THE  POTENTIAL TO FORM AN EMBRYO WHEN COMBINED WITH ANOTHER GAMETE.
   49  SPERM AND EGGS ARE GAMETES. A GAMETE MAY CONSIST OF NUCLEAR DNA FROM ONE
   50  HUMAN BEING COMBINED WITH THE CYTOPLASM, INCLUDING CYTOPLASMIC  DNA,  OF
   51  ANOTHER HUMAN BEING.
   52    (L)  "GAMETE  PROVIDER" MEANS AN INDIVIDUAL WHO PROVIDES SPERM OR EGGS
   53  FOR USE IN ASSISTED REPRODUCTION OR ARTIFICIAL INSEMINATION.
   54    (M) "GESTATIONAL AGREEMENT" IS A CONTRACT BETWEEN INTENDED PARENTS AND
   55  A GESTATIONAL CARRIER INTENDED TO RESULT IN A LIVE BIRTH WHERE THE CHILD
   56  WILL BE THE LEGAL CHILD OF THE INTENDED PARENTS.
       A. 6701                             3

    1    (N) "GESTATIONAL CARRIER"  MEANS  AN  ADULT  WOMAN,  NOT  AN  INTENDED
    2  PARENT, WHO ENTERS INTO A GESTATIONAL AGREEMENT TO BEAR A CHILD WHO WILL
    3  BE  THE  LEGAL  CHILD  OF  THE  INTENDED  PARENTS SO LONG AS SHE HAS NOT
    4  PROVIDED THE EGG USED TO CONCEIVE THE RESULTING CHILD.
    5    (O)  "GESTATIONAL  CARRIER  ARRANGEMENT"  MEANS THE PROCESS BY WHICH A
    6  GESTATIONAL CARRIER ATTEMPTS TO CARRY AND GIVE BIRTH TO A CHILD  CREATED
    7  THROUGH ASSISTED REPRODUCTION SO LONG AS THE GESTATIONAL CARRIER HAS NOT
    8  PROVIDED THE EGG USED TO CONCEIVE THE RESULTING CHILD.
    9    (P)  "HEALTH CARE PRACTITIONER" MEANS AN INDIVIDUAL LICENSED OR CERTI-
   10  FIED UNDER TITLE EIGHT OF THE EDUCATION LAW ACTING  WITHIN  HIS  OR  HER
   11  SCOPE OF PRACTICE.
   12    (Q)  "INTENDED  PARENT"  IS  AN INDIVIDUAL WHO MANIFESTS THE INTENT AS
   13  PROVIDED IN THIS ACT TO BE LEGALLY  BOUND  AS  THE  PARENT  OF  A  CHILD
   14  RESULTING FROM ASSISTED REPRODUCTION OR COLLABORATIVE REPRODUCTION.
   15    (R)  "IN-VITRO  FERTILIZATION"  MEANS  THE FORMATION OF A HUMAN EMBRYO
   16  OUTSIDE THE HUMAN BODY.
   17    (S) "MEDICAL EVALUATION" MEANS AN EVALUATION AND CONSULTATION  WITH  A
   18  HEALTH CARE PROVIDER REGARDING THE ANTICIPATED PREGNANCY.
   19    (T)  "PARENT"  MEANS  AN INDIVIDUAL WHO HAS ESTABLISHED A PARENT-CHILD
   20  RELATIONSHIP UNDER THIS ACT OR OTHER LAW AND INCLUDES, BUT IS NOT LIMIT-
   21  ED TO: (1) A CHILD'S BIRTH PARENT WHO IS NOT A  GESTATIONAL  CARRIER  OR
   22  THE  SPOUSE OF THE GESTATIONAL CARRIER; (2) A CHILD'S GENETIC PARENT WHO
   23  IS NOT THE DONOR; (3) AN INDIVIDUAL WHO HAS LEGALLY ADOPTED  THE  CHILD;
   24  (4)  AN  INDIVIDUAL  WHO  IS  A  PARENT OF THE CHILD PURSUANT TO A LEGAL
   25  PRESUMPTION; (5) AN INDIVIDUAL WHO IS A PARENT OF THE CHILD PURSUANT  TO
   26  AN  ACKNOWLEDGMENT  OR  JUDGMENT OF PARENTAGE PURSUANT TO ARTICLE TWO OF
   27  THIS ACT OR OTHER LAW; (6) AN INDIVIDUAL WHO IS A PARENT  OF  THE  CHILD
   28  PURSUANT TO ARTICLE THREE, FOUR, OR SIX OF THIS ACT.
   29    (U)  "PARTICIPANT"  MEANS  AN  INDIVIDUAL WHO PROVIDES A BIOLOGICAL OR
   30  GENETIC COMPONENT OF ASSISTED REPRODUCTION OR  ARTIFICIAL  INSEMINATION,
   31  AN  INTENDED PARENT, AND THE SPOUSE OF AN INTENDED PARENT OR GESTATIONAL
   32  CARRIER. GESTATION IS A BIOLOGICAL COMPONENT WITHIN THE MEANING OF  THIS
   33  DEFINITION.
   34    (V)  "RECORD"  MEANS  INFORMATION  INSCRIBED  IN  A TANGIBLE MEDIUM OR
   35  STORED IN AN ELECTRONIC OR OTHER MEDIUM THAT IS RETRIEVABLE IN PERCEIVA-
   36  BLE FORM.
   37    (W) "RETRIEVAL" MEANS THE PROCUREMENT OF EGGS OR SPERM FROM  A  GAMETE
   38  PROVIDER.
   39    (X)  "SPOUSE"  MEANS  AN  INDIVIDUAL  MARRIED TO ANOTHER, OR WHO HAS A
   40  LEGAL RELATIONSHIP ENTERED INTO UNDER THE LAWS OF THE UNITED  STATES  OR
   41  OF  ANY  STATE,  LOCAL  OR  FOREIGN JURISDICTION, WHICH IS SUBSTANTIALLY
   42  EQUIVALENT TO A MARRIAGE, INCLUDING A CIVIL UNION OR  DOMESTIC  PARTNER-
   43  SHIP.
   44    (Y) "STATE" MEANS A STATE OF THE UNITED STATES, THE DISTRICT OF COLUM-
   45  BIA,  PUERTO RICO, THE UNITED STATES VIRGIN ISLANDS, OR ANY TERRITORY OR
   46  INSULAR POSSESSION SUBJECT TO THE JURISDICTION OF THE UNITED STATES.
   47    (Z) "TIME OF TRANSFER" MEANS THE TIME AT WHICH A GAMETE OR  EMBRYO  IS
   48  TRANSFERRED  INTO  THE  BODY  OF A WOMAN WITH THE INTENT TO PRODUCE LIVE
   49  BIRTH.
   50    (AA) "TRANSFER" MEANS THE PLACEMENT OF AN EMBRYO OR GAMETES  INTO  THE
   51  BODY OF A WOMAN WITH THE INTENT TO ACHIEVE PREGNANCY AND LIVE BIRTH.

   52                                   PART 2
   53                            JUDGMENT OF PARENTAGE
   54  SECTION 581-201. JUDGMENT OF PARENTAGE.
       A. 6701                             4

    1          581-202. PROCEEDING  FOR  JUDGMENT  OF PARENTAGE OF A CHILD BORN
    2                     THROUGH ASSISTED REPRODUCTION OR ARTIFICIAL INSEMINA-
    3                     TION.
    4          581-203.  PROCEEDING  FOR  JUDGMENT OF PARENTAGE OF A CHILD BORN
    5                     PURSUANT TO A GESTATIONAL CARRIER ARRANGEMENT.
    6          581-204. PROCEEDING FOR JUDGMENT OF PARENTAGE OF A  CHILD  WHOSE
    7                     PARENTAGE  IS ESTABLISHED PURSUANT TO SECTION 581-601
    8                     OF THIS ARTICLE.
    9          581-205. JUDGMENT OF PARENTAGE  FOR  INTENDED  PARENTS  WHO  ARE
   10                     SPOUSES.
   11          581-206. JURISDICTION.
   12    S 581-201. JUDGMENT OF PARENTAGE.  (A) A CIVIL PROCEEDING MAY BE MAIN-
   13  TAINED  TO  ADJUDICATE  THE PARENTAGE OF A CHILD UNDER THE CIRCUMSTANCES
   14  SET FORTH IN THIS ARTICLE. THIS PROCEEDING IS GOVERNED BY THE  NEW  YORK
   15  CIVIL PRACTICE LAW AND RULES.
   16    (B) A JUDGMENT OF PARENTAGE MAY BE ISSUED PRIOR TO BIRTH BUT SHALL NOT
   17  BECOME EFFECTIVE UNTIL THE BIRTH OF THE CHILD.
   18    (C)  A  JUDGMENT  OF  PARENTAGE  SHALL BE ISSUED BY THE COURT UPON THE
   19  PETITION OF (1) A CHILD, OR (2) A PARENT, OR (3) A PARTICIPANT,  OR  (4)
   20  THE  SUPPORT/ENFORCEMENT  AGENCY OR OTHER GOVERNMENTAL AGENCY AUTHORIZED
   21  BY OTHER LAW, OR (5) A REPRESENTATIVE AUTHORIZED BY LAW TO  ACT  FOR  AN
   22  INDIVIDUAL  WHO WOULD OTHERWISE BE ENTITLED TO MAINTAIN A PROCEEDING BUT
   23  WHO IS DECEASED, INCAPACITATED, OR A MINOR, IN ORDER TO  LEGALLY  ESTAB-
   24  LISH THE CHILD-PARENT RELATIONSHIP UNDER THE FOLLOWING CIRCUMSTANCES:
   25    (I) A CHILD BORN THROUGH ASSISTED REPRODUCTION OR ARTIFICIAL INSEMINA-
   26  TION UNDER PART THREE OF THIS ARTICLE; OR
   27    (II)  A CHILD BORN PURSUANT TO A GESTATIONAL CARRIER ARRANGEMENT UNDER
   28  PART FOUR OF THIS ARTICLE; OR
   29    (III) A CHILD WHOSE PARENTAGE CAN BE ESTABLISHED PURSUANT TO PART  SIX
   30  OF THIS ARTICLE.
   31    S  581-202.  PROCEEDING  FOR  JUDGMENT  OF  PARENTAGE  OF A CHILD BORN
   32  THROUGH  ASSISTED  REPRODUCTION  OR  ARTIFICIAL  INSEMINATION.    (A)  A
   33  PROCEEDING FOR A JUDGMENT OF PARENTAGE MAY BE COMMENCED:
   34    (1)  IF  THE  INTENDED PARENTS RESIDE IN NEW YORK STATE, IN THE COUNTY
   35  WHERE THE INTENDED PARENTS RESIDE ANY TIME AFTER PREGNANCY  IS  ACHIEVED
   36  OR IN THE COUNTY WHERE THE CHILD WAS BORN OR RESIDES; OR
   37    (2) IF THE INTENDED PARENTS AND CHILD DO NOT RESIDE IN NEW YORK STATE,
   38  UP  TO  NINETY DAYS AFTER THE BIRTH OF THE CHILD IN THE COUNTY WHERE THE
   39  CHILD IS BORN.
   40    (B) THE PETITION FOR A JUDGMENT OF  PARENTAGE  MUST  BE  VERIFIED  AND
   41  INCLUDE THE FOLLOWING:
   42    (1)  A  STATEMENT THAT THE INTENDED PARENTS HAVE BEEN RESIDENTS OF THE
   43  STATE FOR AT LEAST NINETY DAYS OR IF THEY ARE NOT NEW YORK  STATE  RESI-
   44  DENTS, THE CHILD WAS BORN IN THE STATE; AND
   45    (2)  A STATEMENT FROM THE GESTATING MOTHER THAT SHE BECAME PREGNANT AS
   46  A RESULT OF THE DONATION OF THE GAMETES OR EMBRYOS AND A  REPRESENTATION
   47  OF NON-ACCESS DURING THE TIME OF CONCEPTION; AND
   48    (3)  A  STATEMENT  THAT  THE  INTENDED  PARENTS  CONSENTED TO ASSISTED
   49  REPRODUCTION OR ARTIFICIAL INSEMINATION PURSUANT TO SECTION  581-304  OF
   50  THIS ARTICLE; AND
   51    (4) WHERE THE GAMETES OR EMBRYOS WERE RECEIVED FROM A GAMETE OR EMBRYO
   52  STORAGE FACILITY, AN ATTACHED STATEMENT FROM THE FACILITY HAVING CUSTODY
   53  OF  THE  GAMETES  OR  EMBRYOS  DEMONSTRATING  THE DONATIVE INTENT OF THE
   54  GAMETE OR EMBRYO DONOR.
   55    (C) THE FOLLOWING SHALL BE DEEMED SUFFICIENT PROOF OF A DONOR'S  DONA-
   56  TIVE INTENT:
       A. 6701                             5

    1    (1)  IN THE CASE OF AN ANONYMOUS DONOR, A STATEMENT FROM THE GAMETE OR
    2  EMBRYO STORAGE FACILITY WITH CUSTODY OF THE GAMETES OR EMBRYOS THAT  THE
    3  DONOR  RELINQUISHED  ANY PARENTAL OR PROPRIETARY INTEREST IN THE GAMETES
    4  OR EMBRYOS AT THE TIME OF DONATION; AND
    5    (2)  IN  THE CASE OF A DONATION FROM A KNOWN DONOR, A NOTARIZED STATE-
    6  MENT FROM THE GAMETE OR EMBRYO  DONOR  ACKNOWLEDGING  THE  DONATION  AND
    7  CONFIRMING  THAT  THE DONORS HAVE NO PARENTAL OR PROPRIETARY INTEREST IN
    8  THE GAMETES OR EMBRYOS. IN THE ABSENCE OF A NOTARIZED STATEMENT FROM THE
    9  DONOR, THE DONOR SHALL BE SERVED BY  MAIL  AT  THE  DONOR'S  LAST  KNOWN
   10  ADDRESS WITH NOTICE OF THE PROCEEDING. FAILURE TO RESPOND TO SAID NOTICE
   11  SHALL BE CONSIDERED A DEFAULT AND NO FURTHER NOTICE SHALL BE REQUIRED.
   12    (D)  WHERE A PETITION DEMONSTRATES THE CONSENT OF THE INTENDED PARENTS
   13  PURSUANT TO SECTION 581-304 OF THIS ARTICLE, THE DONATIVE INTENT OF  THE
   14  GAMETE  OR  EMBRYO  DONORS  AND  THAT  THE  PREGNANCY  RESULTED FROM THE
   15  DONATION, THE COURT SHALL ISSUE A JUDGMENT OF PARENTAGE:
   16    (1) DECLARING, THAT UPON THE BIRTH OF THE CHILD, THE INTENDED  PARENTS
   17  ARE THE ONLY LEGAL PARENTS OF THE CHILD; AND
   18    (2)  ORDERING  THE  INTENDED PARENTS TO ASSUME SOLE RESPONSIBILITY FOR
   19  THE MAINTENANCE AND SUPPORT OF THE CHILD IMMEDIATELY UPON THE  BIRTH  OF
   20  THE CHILD; AND
   21    (3)  ORDERING THAT UPON THE BIRTH OF THE CHILD, A COPY OF THE JUDGMENT
   22  OF PARENTAGE BE SERVED ON THE (I) DEPARTMENT OF HEALTH OR NEW YORK  CITY
   23  DEPARTMENT  OF MENTAL HEALTH AND HYGIENE, OR (II) REGISTRAR OF BIRTHS IN
   24  THE HOSPITAL WHERE THE CHILD IS BORN AND  DIRECTING  THAT  THE  HOSPITAL
   25  REPORT  THE  PARENTAGE  OF  THE  CHILD  TO THE APPROPRIATE DEPARTMENT OF
   26  HEALTH IN CONFORMITY WITH THE COURT ORDER. IF AN ORIGINAL BIRTH  CERTIF-
   27  ICATE  HAS  ALREADY ISSUED, THE COURT SHALL ISSUE AN ORDER DIRECTING THE
   28  APPROPRIATE DEPARTMENT OF HEALTH TO AMEND THE BIRTH  CERTIFICATE  IN  AN
   29  EXPEDITED MANNER AND SEAL THE PREVIOUSLY ISSUED BIRTH CERTIFICATE.
   30    S 581-203. PROCEEDING FOR JUDGMENT OF PARENTAGE OF A CHILD BORN PURSU-
   31  ANT  TO  A  GESTATIONAL CARRIER ARRANGEMENT.   (A) THE PROCEEDING MAY BE
   32  COMMENCED AT ANY TIME AFTER THE GESTATIONAL AGREEMENT HAS BEEN  EXECUTED
   33  BY  ALL OF THE PARTIES. ANY PARTY TO THE GESTATIONAL AGREEMENT NOT JOIN-
   34  ING IN THE PETITION MUST BE SERVED WITH NOTICE OF THE PROCEEDING.  FAIL-
   35  URE  TO  RESPOND  TO  THE  NOTICE  SHALL  BE CONSIDERED A DEFAULT AND NO
   36  FURTHER NOTICE SHALL BE REQUIRED.
   37    (B) THE PETITION FOR A JUDGMENT OF  PARENTAGE  MUST  BE  VERIFIED  AND
   38  INCLUDE THE FOLLOWING:
   39    (1)  A  STATEMENT THAT THE GESTATIONAL CARRIER OR THE INTENDED PARENTS
   40  HAVE BEEN RESIDENTS OF THE STATE FOR AT LEAST NINETY DAYS  AT  THE  TIME
   41  THE GESTATIONAL AGREEMENT WAS EXECUTED; AND
   42    (2)  A  CERTIFICATION  FROM THE ATTORNEYS REPRESENTING THE PETITIONERS
   43  THAT THE PARTIES ARE ELIGIBLE TO PARTICIPATE IN THE GESTATIONAL  CARRIER
   44  ARRANGEMENT  AS REQUIRED BY SECTION 581-404 OF THIS ARTICLE AND THAT THE
   45  GESTATIONAL AGREEMENT CONTAINS THE REQUIRED TERMS UNDER SECTION  581-405
   46  OF THIS ARTICLE; AND
   47    (3)  A  STATEMENT THAT THE PARTIES ENTERED INTO THE GESTATIONAL AGREE-
   48  MENT KNOWINGLY AND VOLUNTARILY.
   49    (C) WHERE A PETITION SATISFIES SUBDIVISION (B) OF  THIS  SECTION,  THE
   50  COURT   SHALL   ISSUE   A  JUDGMENT  OF  PARENTAGE,  WITHOUT  ADDITIONAL
   51  PROCEEDINGS OR DOCUMENTATION:
   52    (1) DECLARING, THAT UPON THE BIRTH OF A CHILD BORN DURING THE TERM  OF
   53  THE GESTATIONAL AGREEMENT, THE INTENDED PARENTS ARE THE LEGAL PARENTS OF
   54  THE CHILD; AND
       A. 6701                             6

    1    (2)  DECLARING, THAT UPON THE BIRTH OF A CHILD BORN DURING THE TERM OF
    2  THE GESTATIONAL AGREEMENT, THE GESTATIONAL CARRIER, AND HER  SPOUSE,  IF
    3  ANY, ARE NOT THE LEGAL PARENTS OF THE CHILD; AND
    4    (3) ORDERING THE GESTATIONAL CARRIER AND HER SPOUSE, IF ANY, TO TRANS-
    5  FER  THE CHILD TO THE INTENDED PARENTS IF THIS HAS NOT ALREADY OCCURRED;
    6  AND
    7    (4) ORDERING THE INTENDED PARENTS TO ASSUME  SOLE  RESPONSIBILITY  FOR
    8  THE  MAINTENANCE  AND SUPPORT OF THE CHILD IMMEDIATELY UPON THE BIRTH OF
    9  THE CHILD; AND
   10    (5) ORDERING THAT UPON THE BIRTH OF THE CHILD, A COPY OF THE  JUDGMENT
   11  OF  PARENTAGE BE SERVED ON THE (I) DEPARTMENT OF HEALTH OR NEW YORK CITY
   12  DEPARTMENT OF MENTAL HEALTH AND HYGIENE, OR (II) REGISTRAR OF BIRTHS  IN
   13  THE  HOSPITAL  WHERE  THE  CHILD IS BORN AND DIRECTING THAT THE HOSPITAL
   14  REPORT THE PARENTAGE OF THE  CHILD  TO  THE  APPROPRIATE  DEPARTMENT  OF
   15  HEALTH  IN CONFORMITY WITH THE COURT ORDER. IF AN ORIGINAL BIRTH CERTIF-
   16  ICATE HAS ALREADY ISSUED, THE COURT SHALL ISSUE AN ORDER  DIRECTING  THE
   17  APPROPRIATE  DEPARTMENT  OF  HEALTH TO AMEND THE BIRTH CERTIFICATE IN AN
   18  EXPEDITED MANNER AND SEAL THE PREVIOUSLY ISSUED BIRTH CERTIFICATE.
   19    (D) THE AGREEMENT OF THE INTENDED PARENTS TO  PAY  REASONABLE  COMPEN-
   20  SATION  TO  THE  GESTATIONAL CARRIER IN EXCESS OF REASONABLE MEDICAL AND
   21  ANCILLARY COSTS SHALL NOT BE A BAR TO THE  ISSUANCE  OF  A  JUDGMENT  OF
   22  PARENTAGE.
   23    S  581-204.  PROCEEDING  FOR  JUDGMENT  OF  PARENTAGE OF A CHILD WHOSE
   24  PARENTAGE IS ESTABLISHED PURSUANT TO SECTION 581-601 OF THIS ARTICLE.  A
   25  PROCEEDING FOR A JUDGMENT OF PARENTAGE  MAY  BE  COMMENCED  BY  VERIFIED
   26  PETITION TO ESTABLISH PARENTAGE UNDER SECTION 581-601 OF THIS ARTICLE AT
   27  ANY TIME IN THE COUNTY OF RESIDENCE OF THE CHILD OR OF A PARENT, INCLUD-
   28  ING A PERSON ASSERTING TO HAVE FORMED A PARENT-CHILD RELATIONSHIP WITH A
   29  CHILD  UNDER  SECTION  581-601  OF THIS ARTICLE. UPON A DETERMINATION OF
   30  PARENTAGE UNDER SECTION 581-601 OF THIS ARTICLE, THE COURT SHALL ISSUE A
   31  JUDGMENT OF PARENTAGE DECLARING THE PARENTS OF THE CHILD FOR  ALL  LEGAL
   32  PURPOSES.
   33    S 581-205. JUDGMENT OF PARENTAGE FOR INTENDED PARENTS WHO ARE SPOUSES.
   34  NOTWITHSTANDING  OR WITHOUT LIMITATION ON PRESUMPTIONS OF PARENTAGE THAT
   35  APPLY, A JUDGMENT OF PARENTAGE  MAY  BE  OBTAINED  UNDER  THIS  PART  BY
   36  INTENDED PARENTS WHO ARE EACH OTHER'S SPOUSE.
   37    S  581-206. JURISDICTION.  PROCEEDINGS PURSUANT TO THIS ARTICLE MAY BE
   38  INSTITUTED IN THE  SUPREME,  FAMILY  OR  SURROGATE'S  COURT  EXCEPT  FOR
   39  PROCEEDINGS  PURSUANT  TO SECTION 581-204 OF THIS PART MAY BE INSTITUTED
   40  IN THE SUPREME OR FAMILY COURT.

   41                                   PART 3
   42          CHILD OF ASSISTED REPRODUCTION OR ARTIFICIAL INSEMINATION
   43  SECTION 581-301. SCOPE OF ARTICLE.
   44          581-302. STATUS OF DONOR.
   45          581-303. PARENTAGE OF CHILD OF ASSISTED REPRODUCTION OR  ARTIFI-
   46                     CIAL INSEMINATION.
   47          581-304. CONSENT  TO ASSISTED REPRODUCTION OR ARTIFICIAL INSEMI-
   48                     NATION.
   49          581-305. LIMITATION ON SPOUSES' DISPUTE OF PARENTAGE OF CHILD OF
   50                     ASSISTED REPRODUCTION AND ARTIFICIAL INSEMINATION.
   51          581-306. EFFECT OF DISSOLUTION OF  RELATIONSHIP  OF  SPOUSES  OR
   52                     WITHDRAWAL OF CONSENT.
   53          581-307. EFFECT OF DEATH OF INTENDED PARENT.
   54    S 581-301. SCOPE OF ARTICLE.  THIS ARTICLE DOES NOT APPLY TO THE BIRTH
   55  OF A CHILD CONCEIVED BY MEANS OF SEXUAL INTERCOURSE.
       A. 6701                             7

    1    S  581-302.  STATUS  OF  DONOR.    A  DONOR IS NOT A PARENT OF A CHILD
    2  CONCEIVED BY MEANS OF ASSISTED REPRODUCTION OR  ARTIFICIAL  INSEMINATION
    3  EXCEPT AS PROVIDED IN SECTION 581-303 OF THIS PART.
    4    S  581-303.  PARENTAGE OF CHILD OF ASSISTED REPRODUCTION OR ARTIFICIAL
    5  INSEMINATION.   (A) AN INDIVIDUAL  WHO  PROVIDES  GAMETES  FOR  ASSISTED
    6  REPRODUCTION  OR  ARTIFICIAL INSEMINATION WITH THE INTENT TO BE A PARENT
    7  OF THE CHILD, OR CONSENTS TO ASSISTED REPRODUCTION OR ARTIFICIAL INSEMI-
    8  NATION AS PROVIDED IN SECTION 581-304 OF THIS PART, IS A PARENT  OF  THE
    9  RESULTING CHILD FOR ALL LEGAL PURPOSES.
   10    (B) UPON APPLICATION BY ANY PARTICIPANT, THE COURT SHALL ISSUE A JUDG-
   11  MENT  OF  PARENTAGE  TO ANY PARTICIPANT WHO IS A PARENT PURSUANT TO THIS
   12  ACT.
   13    S 581-304. CONSENT TO ASSISTED REPRODUCTION  OR  ARTIFICIAL  INSEMINA-
   14  TION.  (A) WHERE THE INTENDED PARENT WHO GIVES BIRTH TO A CHILD BY MEANS
   15  OF  ASSISTED  REPRODUCTION  OR  ARTIFICIAL INSEMINATION IS A SPOUSE, THE
   16  CONSENT OF BOTH SPOUSES TO THE ASSISTED REPRODUCTION OR ARTIFICIAL INSE-
   17  MINATION IS PRESUMED AND NEITHER SPOUSE MAY CHALLENGE THE  PARENTAGE  OF
   18  THE CHILD, EXCEPT AS PROVIDED IN SECTION 581-305 OF THIS PART.
   19    (B)  CONSENT TO ASSISTED REPRODUCTION OR ARTIFICIAL INSEMINATION BY AN
   20  INDIVIDUAL WHO INTENDS TO BE A PARENT AND  IS  NOT  THE  SPOUSE  OF  THE
   21  INTENDED  PARENT WHO GIVES BIRTH TO A CHILD BY MEANS OF ASSISTED REPROD-
   22  UCTION OR ARTIFICIAL INSEMINATION MUST  BE  IN  A  SIGNED  RECORD  WHICH
   23  ACKNOWLEDGES  THE INTENDED PARENTS' JOINT PARTICIPATION AND INTENTION TO
   24  PARENT TOGETHER.
   25    (C) THE FAILURE OF A  PERSON  TO  SIGN  A  RECORD  EVIDENCING  HIS/HER
   26  CONSENT  AS  PROVIDED  IN  SUBDIVISION  (B)  OF  THIS  SECTION SHALL NOT
   27  PRECLUDE A FINDING THAT SUCH CONSENT EXISTED IF THE COURT FINDS BY CLEAR
   28  AND CONVINCING EVIDENCE THAT AT THE TIME OF THE  CHILD'S  CONCEPTION  OR
   29  BIRTH,  BOTH  THE  INTENDED PARENT WHO GIVES BIRTH TO THE CHILD AND SUCH
   30  PERSON RESIDED IN THE SAME HOUSEHOLD  AS  INTIMATE  PARTNERS,  AND  HELD
   31  THEMSELVES AND EACH OTHER OUT AS THE PARENTS OF THE INTENDED CHILD.
   32    S  581-305.  LIMITATION  ON  SPOUSES' DISPUTE OF PARENTAGE OF CHILD OF
   33  ASSISTED REPRODUCTION AND ARTIFICIAL INSEMINATION.  (A) EXCEPT AS OTHER-
   34  WISE PROVIDED IN SUBDIVISION (B) OF THIS  SECTION,  NEITHER  SPOUSE  MAY
   35  CHALLENGE THE PRESUMPTION OF PARENTAGE OF THE CHILD UNLESS:
   36    (1)  WITHIN  TWO  YEARS  AFTER  LEARNING  OF  THE BIRTH OF THE CHILD A
   37  PROCEEDING IS COMMENCED TO ADJUDICATE PARENTAGE; AND
   38    (2) THE COURT FINDS BY  CLEAR  AND  CONVINCING  EVIDENCE  THAT  EITHER
   39  SPOUSE  DID  NOT  CONSENT FOR THE NON-GESTATING SPOUSE TO BE A PARENT OF
   40  THE CHILD.
   41    (B) A PROCEEDING FOR A JUDGMENT OF PARENTAGE MAY BE MAINTAINED AT  ANY
   42  TIME IF THE COURT DETERMINES THAT:
   43    (1)  THE  SPOUSE  DID NOT PROVIDE GAMETES FOR, OR CONSENT TO, ASSISTED
   44  REPRODUCTION OR ARTIFICIAL  INSEMINATION  BY  THE  INDIVIDUAL  WHO  GAVE
   45  BIRTH; AND
   46    (2)  THE  SPOUSE  AND THE INDIVIDUAL WHO GAVE BIRTH HAVE NOT COHABITED
   47  SINCE THE SPOUSE KNEW OR HAD REASON TO KNOW OF THE PREGNANCY; AND
   48    (3) THE SPOUSE NEVER OPENLY HELD OUT THE CHILD AS HIS OR HER OWN.
   49    (C) THE LIMITATION PROVIDED IN  THIS  SECTION  APPLIES  TO  A  SPOUSAL
   50  RELATIONSHIP  THAT HAS BEEN DECLARED INVALID AFTER ASSISTED REPRODUCTION
   51  OR ARTIFICIAL INSEMINATION.
   52    S 581-306. EFFECT OF DISSOLUTION OF RELATIONSHIP OF SPOUSES  OR  WITH-
   53  DRAWAL  OF CONSENT.  AN INDIVIDUAL WHO WITHDRAWS CONSENT PRIOR TO TRANS-
   54  FER IS NOT A PARENT.
   55    S 581-307. EFFECT OF DEATH OF INTENDED PARENT.   EXCEPT  AS  OTHERWISE
   56  PROVIDED  IN  THE  ESTATES,  POWERS AND TRUSTS LAW, IF AN INDIVIDUAL WHO
       A. 6701                             8

    1  CONSENTED IN A RECORD TO BE A PARENT BY ASSISTED REPRODUCTION OR ARTIFI-
    2  CIAL INSEMINATION DIES BEFORE THE TRANSFER OF EGGS, SPERM,  OR  EMBRYOS,
    3  THE  DECEASED  INDIVIDUAL  IS NOT A PARENT OF THE RESULTING CHILD UNLESS
    4  THE  DECEASED  INDIVIDUAL  CONSENTED IN A SIGNED RECORD THAT IF ASSISTED
    5  REPRODUCTION OR ARTIFICIAL INSEMINATION WERE TO OCCUR AFTER  DEATH,  THE
    6  DECEASED INDIVIDUAL WOULD BE A PARENT OF THE CHILD.

    7                                   PART 4
    8                            GESTATIONAL AGREEMENT
    9  SECTION 581-401. GESTATIONAL AGREEMENT AUTHORIZED.
   10          581-404. ELIGIBILITY.
   11          581-405. REQUIREMENTS OF GESTATIONAL AGREEMENT.
   12          581-406. TERMINATION OF GESTATIONAL AGREEMENT.
   13          581-407. GESTATIONAL  AGREEMENT:  EFFECT  OF  SUBSEQUENT SPOUSAL
   14                     RELATIONSHIP.
   15          581-408. FAILURE TO OBTAIN A JUDGMENT OF PARENTAGE.
   16          581-409. DISPUTE AS TO GESTATIONAL AGREEMENT.
   17          581-410. INSPECTION OF RECORDS.
   18          581-411. EXCLUSIVE, CONTINUING JURISDICTION.
   19    S 581-401. GESTATIONAL AGREEMENT AUTHORIZED.   (A) IF  ELIGIBLE  UNDER
   20  THIS ARTICLE TO ENTER INTO A GESTATIONAL AGREEMENT, A GESTATIONAL CARRI-
   21  ER,  HER SPOUSE IF APPLICABLE, AND THE INTENDED PARENTS MAY ENTER INTO A
   22  GESTATIONAL AGREEMENT WHICH WILL BE ENFORCEABLE PROVIDED THE GESTATIONAL
   23  AGREEMENT MEETS THE REQUIREMENTS OF THIS ARTICLE.
   24    (B) A GESTATIONAL AGREEMENT SHALL NOT APPLY TO THE BIRTH  OF  A  CHILD
   25  CONCEIVED BY MEANS OF SEXUAL INTERCOURSE.
   26    (C)  A  GESTATIONAL  AGREEMENT MAY PROVIDE FOR PAYMENT OF COMPENSATION
   27  UNDER PART FIVE OF THIS ARTICLE.
   28    (D) A GESTATIONAL AGREEMENT MAY NOT LIMIT THE RIGHT OF THE GESTATIONAL
   29  CARRIER TO MAKE DECISIONS TO SAFEGUARD HER HEALTH.
   30    S 581-404. ELIGIBILITY.  (A) A GESTATIONAL CARRIER SHALL  BE  ELIGIBLE
   31  TO ENTER INTO AN ENFORCEABLE GESTATIONAL AGREEMENT UNDER THIS ARTICLE IF
   32  SHE  HAS  MET  THE  FOLLOWING  REQUIREMENTS  AT THE TIME THE GESTATIONAL
   33  AGREEMENT IS EXECUTED:
   34    (1) SHE IS AT LEAST TWENTY-ONE YEARS OF AGE; AND
   35    (2) SHE HAS COMPLETED A MEDICAL EVALUATION WITH A HEALTH CARE  PRACTI-
   36  TIONER RELATING TO THE ANTICIPATED PREGNANCY; AND
   37    (3)  SHE HAS UNDERGONE LEGAL CONSULTATION WITH INDEPENDENT LEGAL COUN-
   38  SEL REGARDING THE TERMS OF THE GESTATIONAL AGREEMENT AND  THE  POTENTIAL
   39  LEGAL CONSEQUENCES OF THE GESTATIONAL CARRIER ARRANGEMENT; AND
   40    (4) SHE HAS, OR THE GESTATIONAL AGREEMENT STIPULATES THAT PRIOR TO THE
   41  EMBRYO  TRANSFER, SHE WILL OBTAIN, A HEALTH INSURANCE POLICY THAT COVERS
   42  MAJOR MEDICAL TREATMENTS AND HOSPITALIZATION, AND THE  HEALTH  INSURANCE
   43  POLICY  HAS  A TERM THAT EXTENDS THROUGHOUT THE DURATION OF THE EXPECTED
   44  PREGNANCY AND FOR EIGHT WEEKS AFTER THE BIRTH OF THE CHILD;  THE  POLICY
   45  MAY  BE  PROCURED  AND PAID FOR BY THE INTENDED PARENTS ON BEHALF OF THE
   46  GESTATIONAL CARRIER PURSUANT TO THE GESTATIONAL AGREEMENT.
   47    (B) THE INTENDED PARENTS SHALL BE ELIGIBLE TO ENTER INTO AN  ENFORCEA-
   48  BLE  GESTATIONAL  AGREEMENT  UNDER THIS ARTICLE IF HE, SHE, OR THEY HAVE
   49  MET THE FOLLOWING REQUIREMENTS AT THE TIME THE GESTATIONAL AGREEMENT WAS
   50  EXECUTED:
   51    (1) HE, SHE, OR THEY HAVE UNDERGONE LEGAL CONSULTATION WITH  INDEPEND-
   52  ENT  LEGAL  COUNSEL REGARDING THE TERMS OF THE GESTATIONAL AGREEMENT AND
   53  THE POTENTIAL LEGAL CONSEQUENCES OF THE GESTATIONAL CARRIER ARRANGEMENT;
   54  AND
       A. 6701                             9

    1    (2) HE OR SHE IS AN ADULT PERSON WHO IS NOT IN A SPOUSAL RELATIONSHIP,
    2  OR ADULT SPOUSES TOGETHER, OR ANY TWO ADULTS WHO ARE  INTIMATE  PARTNERS
    3  TOGETHER, EXCEPT WHERE THE INTENDED PARENT AND HIS OR HER SPOUSE:
    4    (I)  ARE LIVING SEPARATE AND APART PURSUANT TO A DECREE OR JUDGMENT OF
    5  SEPARATION OR PURSUANT TO A WRITTEN AGREEMENT OF  SEPARATION  SUBSCRIBED
    6  BY  THE  PARTIES THERETO AND ACKNOWLEDGED OR PROVED IN THE FORM REQUIRED
    7  TO ENTITLE A DEED TO BE RECORDED; OR
    8    (II) HAVE BEEN LIVING SEPARATE AND APART  FOR  AT  LEAST  THREE  YEARS
    9  PRIOR  TO EXECUTION OF THE GESTATIONAL AGREEMENT, THEN THE SPOUSE OF THE
   10  INTENDED PARENT IS NOT REQUIRED TO BE A PARTY TO THE GESTATIONAL  AGREE-
   11  MENT AND SHALL NOT HAVE PARENTAL RIGHTS OR OBLIGATIONS TO THE CHILD.
   12    S  581-405.  REQUIREMENTS OF GESTATIONAL AGREEMENT.  (A) A GESTATIONAL
   13  AGREEMENT SHALL BE DEEMED TO HAVE SATISFIED  THE  REQUIREMENTS  OF  THIS
   14  ARTICLE AND BE ENFORCEABLE IF IT MEETS THE FOLLOWING REQUIREMENTS:
   15    (1)  IT  SHALL BE IN A SIGNED RECORD VERIFIED BY THE INTENDED PARENTS,
   16  THE GESTATIONAL CARRIER, AND HER SPOUSE, IF ANY; AND
   17    (2) IT SHALL BE EXECUTED PRIOR TO  THE  COMMENCEMENT  OF  ANY  MEDICAL
   18  PROCEDURES  IN  FURTHERANCE OF THE GESTATIONAL CARRIER ARRANGEMENT OTHER
   19  THAN MEDICAL EVALUATIONS  NECESSARY  TO  DETERMINE  ELIGIBILITY  OF  THE
   20  PARTIES PURSUANT TO SECTION 581-404 OF THIS PART; AND
   21    (3)  IT  SHALL BE EXECUTED BY A GESTATIONAL CARRIER MEETING THE ELIGI-
   22  BILITY REQUIREMENTS OF SUBDIVISION (A) OF SECTION 581-404 OF  THIS  PART
   23  AND BY THE GESTATIONAL CARRIER'S SPOUSE, IF ANY; AND
   24    (4)  IT  SHALL BE EXECUTED BY INTENDED PARENTS MEETING THE ELIGIBILITY
   25  REQUIREMENTS OF SUBDIVISION (B) OF SECTION 581-404 OF THIS PART; AND
   26    (5) THE GESTATIONAL CARRIER AND THE INTENDED PARENTS SHALL  HAVE  BEEN
   27  REPRESENTED  BY  SEPARATE, INDEPENDENT COUNSEL IN ALL MATTERS CONCERNING
   28  THE GESTATIONAL CARRIER ARRANGEMENT AND THE GESTATIONAL AGREEMENT; AND
   29    (6) IF THE GESTATIONAL AGREEMENT PROVIDES FOR THE PAYMENT  OF  COMPEN-
   30  SATION  TO  THE  GESTATIONAL  CARRIER,  THE COMPENSATION SHALL HAVE BEEN
   31  PLACED IN ESCROW WITH AN INDEPENDENT ESCROW AGENT PRIOR  TO  THE  GESTA-
   32  TIONAL  CARRIER'S  COMMENCEMENT  OF  ANY  MEDICAL  PROCEDURE  OTHER THAN
   33  MEDICAL EVALUATIONS NECESSARY TO  DETERMINE  THE  GESTATIONAL  CARRIER'S
   34  ELIGIBILITY; AND
   35    (7) THE GESTATIONAL AGREEMENT MUST INCLUDE THE FOLLOWING TERMS:
   36    (I) AS TO THE GESTATIONAL CARRIER AND HER SPOUSE, IF ANY:
   37    (A)  THE AGREEMENT OF THE GESTATIONAL CARRIER TO UNDERGO EMBRYO TRANS-
   38  FER AND ATTEMPT TO CARRY AND GIVE BIRTH TO THE CHILD; AND
   39    (B) THE AGREEMENT OF THE GESTATIONAL CARRIER AND HER SPOUSE,  IF  ANY,
   40  TO  SURRENDER  CUSTODY OF ALL RESULTING CHILDREN TO THE INTENDED PARENTS
   41  IMMEDIATELY UPON THE BIRTH; AND
   42    (C) THE RIGHT OF THE GESTATIONAL CARRIER TO UTILIZE THE SERVICES OF  A
   43  HEALTH  CARE  PRACTITIONER  OF HER CHOOSING, AFTER CONSULTATION WITH THE
   44  INTENDED PARENTS, TO PROVIDE HER CARE DURING THE PREGNANCY; AND
   45    (II) AS TO THE INTENDED PARENT OR PARENTS:
   46    (A) THE AGREEMENT TO ACCEPT CUSTODY OF ALL  RESULTING  CHILDREN  IMME-
   47  DIATELY  UPON  BIRTH REGARDLESS OF NUMBER, GENDER, OR MENTAL OR PHYSICAL
   48  CONDITION; AND
   49    (B) THE AGREEMENT TO ASSUME SOLE RESPONSIBILITY FOR THE SUPPORT OF THE
   50  CHILDREN IMMEDIATELY UPON THE CHILDREN'S BIRTH; AND
   51    (C) THE AGREEMENT THAT THE RIGHTS  AND  OBLIGATIONS  OF  THE  INTENDED
   52  PARENT OR PARENTS UNDER THE GESTATIONAL AGREEMENT ARE NOT ASSIGNABLE.
   53    S  581-406.  TERMINATION OF GESTATIONAL AGREEMENT.  (A) AFTER ISSUANCE
   54  OF A JUDGMENT OF PARENTAGE PURSUANT TO SECTION 581-203 OF THIS  ARTICLE,
   55  BUT BEFORE THE GESTATIONAL CARRIER BECOMES PREGNANT BY MEANS OF ASSISTED
   56  REPRODUCTION,  THE GESTATIONAL CARRIER, HER SPOUSE, IF ANY, OR EITHER OF
       A. 6701                            10

    1  THE INTENDED PARENTS MAY TERMINATE THE GESTATIONAL AGREEMENT  BY  GIVING
    2  NOTICE OF TERMINATION IN A RECORD TO ALL OTHER PARTIES AND ANY LIABILITY
    3  RESULTING  THEREFROM  WILL  BE DETERMINED PURSUANT TO SECTION 581-408 OF
    4  THIS PART.
    5    (B)  AN  INDIVIDUAL  WHO TERMINATES A GESTATIONAL AGREEMENT UNDER THIS
    6  SECTION SHALL FILE NOTICE OF THE TERMINATION WITH THE COURT. ON  RECEIPT
    7  OF  THE  NOTICE, THE COURT SHALL VACATE THE JUDGMENT OF PARENTAGE ISSUED
    8  UNDER THIS ARTICLE.
    9    S  581-407.  GESTATIONAL  AGREEMENT:  EFFECT  OF  SUBSEQUENT   SPOUSAL
   10  RELATIONSHIP.  AFTER THE EXECUTION OF A GESTATIONAL AGREEMENT UNDER THIS
   11  ARTICLE,  THE SUBSEQUENT SPOUSAL RELATIONSHIP OF THE GESTATIONAL CARRIER
   12  DOES NOT AFFECT THE VALIDITY OF A GESTATIONAL  AGREEMENT,  HER  SPOUSE'S
   13  CONSENT TO THE AGREEMENT SHALL NOT BE REQUIRED, AND HER SPOUSE SHALL NOT
   14  BE THE PRESUMED PARENT OF THE RESULTING CHILD.
   15    S  581-408.  FAILURE  TO  OBTAIN  A JUDGMENT OF PARENTAGE.   WHERE THE
   16  INTENDED PARENTS OR THE GESTATIONAL CARRIER FAIL TO OBTAIN A JUDGMENT OF
   17  PARENTAGE PURSUANT TO SECTION 581-203 OF THIS ARTICLE, THE PARENTAGE  OF
   18  A  CHILD BORN AS THE RESULT OF A GESTATIONAL CARRIER ARRANGEMENT WILL BE
   19  DETERMINED BASED ON THE BEST INTERESTS OF THE CHILD TAKING INTO  ACCOUNT
   20  GENETICS AND THE INTENT OF THE PARTIES.
   21    S 581-409. DISPUTE AS TO GESTATIONAL AGREEMENT.  (A) ANY DISPUTE WHICH
   22  IS  RELATED TO A GESTATIONAL AGREEMENT OTHER THAN DISPUTES AS TO PARENT-
   23  AGE SHALL BE RESOLVED BY THE SUPREME COURT, WHICH  SHALL  DETERMINE  THE
   24  RESPECTIVE  RIGHTS  AND  OBLIGATIONS  OF  THE  PARTIES. IF A GESTATIONAL
   25  AGREEMENT DOES NOT MEET THE REQUIREMENTS OF THIS ARTICLE, THE  AGREEMENT
   26  IS NOT ENFORCEABLE.
   27    (B)  EXCEPT  AS  EXPRESSLY  PROVIDED IN THE GESTATIONAL AGREEMENT, THE
   28  INTENDED PARENT OR PARENTS AND GESTATIONAL CARRIER SHALL BE ENTITLED  TO
   29  ALL  REMEDIES  AVAILABLE  AT LAW OR EQUITY IN ANY DISPUTE RELATED TO THE
   30  GESTATIONAL AGREEMENT.
   31    (C) THERE SHALL BE NO SPECIFIC  PERFORMANCE  REMEDY  AVAILABLE  FOR  A
   32  BREACH  BY  THE GESTATIONAL CARRIER OF A GESTATIONAL AGREEMENT TERM THAT
   33  REQUIRES HER TO BE IMPREGNATED.
   34    S 581-410. INSPECTION OF RECORDS.  THE PROCEEDINGS, RECORDS, AND IDEN-
   35  TITIES OF THE INDIVIDUAL PARTIES TO A GESTATIONAL AGREEMENT  UNDER  THIS
   36  ARTICLE  SHALL  BE SEALED EXCEPT UPON THE PETITION OF THE PARTIES TO THE
   37  GESTATIONAL AGREEMENT OR THE CHILD BORN AS A RESULT OF  THE  GESTATIONAL
   38  CARRIER ARRANGEMENT.
   39    S  581-411. EXCLUSIVE, CONTINUING JURISDICTION.  SUBJECT TO THE JURIS-
   40  DICTIONAL STANDARDS OF SECTION SEVENTY-SIX  OF  THE  DOMESTIC  RELATIONS
   41  LAW, THE COURT CONDUCTING A PROCEEDING UNDER THIS ARTICLE HAS EXCLUSIVE,
   42  CONTINUING  JURISDICTION  OF  ALL MATTERS ARISING OUT OF THE GESTATIONAL
   43  AGREEMENT UNTIL A CHILD BORN TO THE GESTATIONAL CARRIER DURING THE PERI-
   44  OD GOVERNED BY THE AGREEMENT ATTAINS THE AGE OF ONE HUNDRED EIGHTY DAYS.

   45                                   PART 5
   46                 PAYMENT TO DONORS AND GESTATIONAL CARRIERS
   47  SECTION 581-501. REIMBURSEMENT.
   48          581-502. COMPENSATION.
   49    S 581-501. REIMBURSEMENT.  (A) A DONOR WHO HAS ENTERED  INTO  A  VALID
   50  AGREEMENT  TO  BE  A  DONOR,  MAY RECEIVE REIMBURSEMENT FROM AN INTENDED
   51  PARENT OR PARENTS FOR ECONOMIC LOSSES INCURRED IN  CONNECTION  WITH  THE
   52  DONATION  WHICH RESULT FROM THE RETRIEVAL OR STORAGE OF GAMETES OR EMBR-
   53  YOS.
       A. 6701                            11

    1    (B) PREMIUMS PAID  FOR  INSURANCE  AGAINST  ECONOMIC  LOSSES  DIRECTLY
    2  RESULTING  FROM  THE  RETRIEVAL  OR  STORAGE  OF  GAMETES OR EMBRYOS FOR
    3  DONATION MAY BE REIMBURSED.
    4    S  581-502. COMPENSATION.   (A) COMPENSATION MAY BE PAID TO A DONOR OR
    5  GESTATIONAL CARRIER BASED ON SERVICES RENDERED, EXPENSES THAT HAVE  BEEN
    6  OR WILL BE INCURRED, TIME, AND INCONVENIENCE. UNDER NO CIRCUMSTANCES MAY
    7  COMPENSATION  BE  PAID  TO PURCHASE GAMETES OR EMBRYOS OR TO PAY FOR THE
    8  RELINQUISHMENT OF A PARENTAL INTEREST IN A CHILD.
    9    (B) THE COMPENSATION, IF ANY, PAID TO A DONOR OR  GESTATIONAL  CARRIER
   10  MUST BE REASONABLE AND NEGOTIATED IN GOOD FAITH BETWEEN THE PARTIES, AND
   11  SAID  PAYMENTS TO A GESTATIONAL CARRIER SHALL NOT EXCEED THE DURATION OF
   12  THE PREGNANCY AND RECUPERATIVE PERIOD OF UP TO  EIGHT  WEEKS  AFTER  THE
   13  BIRTH OF THE CHILD.
   14    (C)  COMPENSATION MAY NOT BE CONDITIONED UPON THE PURPORTED QUALITY OR
   15  GENOME-RELATED TRAITS OF THE GAMETES OR EMBRYOS.
   16    (D) COMPENSATION MAY NOT BE CONDITIONED ON ACTUAL GENOTYPIC OR  PHENO-
   17  TYPIC CHARACTERISTICS OF THE DONOR OR OF THE CHILD.

   18                                   PART 6
   19      FORMATION OF LEGAL PARENT-CHILD RELATIONSHIP AFTER BIRTH OF CHILD
   20  SECTION 581-601. DETERMINATION OF PARENTHOOD.
   21    S 581-601. DETERMINATION OF PARENTHOOD.  (A) A PERSON SEEKING TO QUAL-
   22  IFY FOR A JUDGMENT OF PARENTAGE UNDER THIS PART IS REFERRED TO HEREIN AS
   23  "PETITIONER".
   24    (B)  THE COURT SHALL ISSUE A JUDGMENT OF PARENTAGE TO A PETITIONER WHO
   25  DEMONSTRATES THE FOLLOWING BY CLEAR AND CONVINCING EVIDENCE:
   26    (1) THE PARENT OR PARENTS OF A CHILD  CONSENTED  TO  THE  PETITIONER'S
   27  FORMATION OF A PARENT-CHILD RELATIONSHIP WITH THE CHILD, SUCH CONSENT TO
   28  BE  EXPRESSED  IN WRITTEN FORM, INCLUDING BUT NOT LIMITED TO, ANY OF THE
   29  FOLLOWING EXAMPLES: A SIGNED LETTER AGREEMENT, AN EXECUTED  CONTRACT,  A
   30  BIRTH  ANNOUNCEMENT,  A  RELIGIOUS  CEREMONY  DOCUMENT,  OR  A SCHOOL OR
   31  MEDICAL RECORD; AND
   32    (2) PETITIONER RESIDED IN THE SAME HOUSEHOLD  WITH  THE  CHILD  FOR  A
   33  LENGTH  OF  TIME  SUFFICIENT, GIVEN THE AGE OF THE CHILD, TO HAVE ESTAB-
   34  LISHED WITH THE CHILD  A  BONDED,  DEPENDENT  RELATIONSHIP  PARENTAL  IN
   35  NATURE; AND
   36    (3) PETITIONER PERFORMED PARENTAL FUNCTIONS FOR THE CHILD TO A SIGNIF-
   37  ICANT DEGREE; AND
   38    (4) PETITIONER FORMED A PARENT-CHILD BOND WITH THE CHILD.
   39    (C) PETITIONER UNDER THIS PART SHALL NOT INCLUDE A GRANDPARENT OF SUCH
   40  MINOR  CHILD,  A  PERSON  WHOSE  RELATIONSHIP WITH THE CHILD IS BASED ON
   41  PAYMENT BY THE PARENT, OR A PERSON WHO HAS NOT AT ANY TIME BEEN AN INTI-
   42  MATE PARTNER WITH A PARENT OF THE CHILD.
   43    (D) PETITIONER QUALIFYING AS A PARENT  UNDER  THIS  SECTION  SHALL  BE
   44  DEEMED TO BE THE LEGAL PARENT OF SUCH CHILD FOR ALL PURPOSES.
   45    (E)  A  JUDGMENT  OF  PARENTAGE  SHALL  BE  ISSUED PURSUANT TO SECTION
   46  581-204 OF THIS  ARTICLE  CONFIRMING  ESTABLISHMENT  OF  A  PARENT-CHILD
   47  RELATIONSHIP AS PROVIDED IN THIS PART.

   48                                   PART 7
   49                          MISCELLANEOUS PROVISIONS
   50  SECTION 581-701. REMEDIAL.
   51          581-702. SEVERABILITY.
   52          581-703. PARENT  UNDER SECTION SEVENTY OF THE DOMESTIC RELATIONS
   53                     LAW.
       A. 6701                            12

    1    S 581-701. REMEDIAL.   THIS LEGISLATION IS HEREBY  DECLARED  TO  BE  A
    2  REMEDIAL  STATUTE AND IS TO BE CONSTRUED LIBERALLY TO SECURE THE BENEFI-
    3  CIAL INTERESTS AND PURPOSES THEREOF FOR THE BEST INTERESTS OF THE CHILD.
    4    S  581-702. SEVERABILITY.  THE INVALIDATION OF ANY PART OF THIS LEGIS-
    5  LATION BY A COURT OF COMPETENT JURISDICTION  SHALL  NOT  RESULT  IN  THE
    6  INVALIDATION OF ANY OTHER PART.
    7    S 581-703. PARENT UNDER SECTION SEVENTY OF THE DOMESTIC RELATIONS LAW.
    8  THE TERM "PARENT" IN SECTION SEVENTY OF THE DOMESTIC RELATIONS LAW SHALL
    9  INCLUDE  A  PERSON  ESTABLISHED TO BE A PARENT UNDER THIS ARTICLE OR ANY
   10  OTHER RELEVANT LAW.
   11    S 2. Section 73 of the domestic relations law is REPEALED.
   12    S 3. Article 8 of the domestic relations law is REPEALED.
   13    S 4. This act shall take effect on the one hundred twentieth day after
   14  it shall have become a law. Effective immediately, the addition,  amend-
   15  ment and/or repeal of any rule or regulation necessary for the implemen-
   16  tation  of this act on its effective date is authorized to be made on or
   17  before such date.

Letter to Senator Pilcher-Cook

Dear Senator Pilcher-Cook ,

I am writing to you today to thank you for the bill that you are introducing which would ban surrogacy in Kansas. I am a product of a traditional surrogacy, and support all bans on surrogacy.

Surrogacy is not in the best interest for children. My reasons for believing this are as follows.

• Surrogacy is a great way to circumnavigate the home studies which are done for children of adoption. Meaning that there is no guarantee that the children being born are being ensured a safe home.
  • I myself lived in an abusive household, and was ultimately removed from the intended parents care just after turning 17. My reality, is that I don't have a relationship with my birth father, or adoptive mother, and they don't have a child. Surrogacy isn't a magic answer for creating families.
  • Peter Troung and Mark Newton a California couple who hired a Russian surrogate for $8,000.00 to start their family. Days after he was born they started sexually abusing, created distributed child pornography, traveled the world prostituting their son to a pedophile network. What Newton had to say when he and his partner were sentenced to 40 years in prison "being a father was an honor and a privilege that amounted to the best six years of my life". (This couple desperately wanted their child.)
• The majority of all surrogacy is done with either donor egg or sperm. This means when we create children via this technology we are intentionally creating them to separate them from one or both biological parents. There has been much evidence within the world of psychology that shows the detrimental effects of separating a child from their biological parents.
  • A letter to mental health journal  by E Wellisch "...knowledge of and definite relationship to his genealogy is necessary for a child to build up his complete body image and world picture. It's an inalienable and entitled right of every person. There's an urge a call in everybody to follow and fulfill the tradition of the family, race, religion and community into which he was born" reason behind the letter was deprivation of this could develop into a stunting of emotional development. 
  • There is a primal wound, for both the child and the mother when the child is separated from their birth mother. Nancy Verrier wrote a book titled Primal Wound. (Here is a link to a blog by an adoptee who read the book, and her thoughts about it, and how the primal wound resonates with her http://adoptionvoicesmagazine.com/adoptee-view/adoptee-view-what-can-a-tiny-baby-know/#.UuW2N7ROnDc )
• The children being born via surrogacy are not entitled to know the truth about their conception.
  • Many egg donor agencies don't keep donor information on file, so if the egg donor were to develop cancer years after donating her eggs she would not be able to let her offspring know that they need to be aware and have early screening done. Picture every time that you've been to the doctor's office and have had to fill out family medical history. Then, imagine that you get salt rubbed in the would every time because you don't have a right to this information. That the people who are protected in donor conception are only the adults involved and not the people created this way.
  • This is an excerpt about twin siblings from a traditional adoption who not knowing they were sibling married. The entire article can be found at http://www.nydailynews.com/news/world/twin-brother-sister-marry-article-1.343118 Chris Atkins of the organization Adults Affected by Adoption said that although such cases are unusual, the attraction between the twins is not surprising. "There is a phenomenon called genetic sexual attraction," Atkins said, noting that people tend to be attracted to people with similar likes and dislikes, sense of humor and even looks. "That happens with people who are not related," she said. "If siblings meet who are not aware they are biologically related, to all intents and purposes they're going to think, 'This is my ideal match.' " The extraordinary case also could reignite a long-simmering debate in Britain over the right of adopted children to know the identity of their biological parents, the Evening Standard reported. "There will be more causes like this if children are not given access to the truth," said Prof. Lord David Alton, who uncovered the twins' case last month. (We as a society need to consider issues like these. Within surrogacy it is completely possible that you're using donor sperm. Within the U.S. There are no restrictions on sperm donors and the number of times that they can donate. What we're starting to see now are donor children who have siblings in the amount of triple digits. (http://www.nytimes.com/2011/09/06/health/06donor.html?pagewanted=all&_r=0 Sperm donor with 150 children) (http://www.dailymail.co.uk/news/article-2130814/The-man-fathered-1-000-children-Theyre-middle-class-living-Britain--idea-extraordinary-story-surrounding-birth.html fathered 1,000 children most who don't know their background) (http://www.huffingtonpost.com/2009/12/23/kirk-maxey-father-of-400_n_401715.html Sperm donor who fathered 400 children, demanding regulation on sperm banks)
    
  • As someone who is active within the donor conceived community, a common thread that I see between my peers is that they're all curious about where they came from. I see so many people asking which donor registry communities they should go to in order to have the best odds of finding either their siblings or their biological parent.
    
• This industry turns children into commodities. No one is entitled to have a child, children are blessings.
  
  • Quote from the "Son of a Surrogate" Blog
    
    It looks to me like I was bought and sold. You can dress it up with as many pretty words as you want. You can wrap it up in a silk freaking scarf. You can pretend these are not your children. You can say it is a gift or you donated your egg to the IM. But the fact is that someone has contracted you to make a child, give up your parental rights and hand over your flesh and blood child. I dont care if you think I am not your child, what about what I think! Maybe I know I am your child.When you exchange something for money it is called a commodity. http://sonofasurrogate.tripod.com/
    
  • The basis of creating a creating children in surrogacy are contracts, lawyers and money. That's not in the best interest of children.
    
  • Due to the fact that the process to buy the child is costly, too many embryos often get transferred. This increases the instances of pregnancy with multiples. At the end of the day this means that we're seeing an increase in fetal reductions, because obviously it's high risk to the mothers to carry multiples.
    
  • Designer babies? want just boys? you do this by "creating a bunch of embryos and search for and destroy the female embryos" (Below are excerpts from an interview which is shared by The Center for Bioethics and Culture
    
    • LAHL: Who were your typical egg donors in the early days?
      KAY: Most of our donors were married moms, who had already had their children and wanted to make some extra money. Most of the donors had good intentions in wanting to help someone have a baby, but in all the years I did this work, I never met anyone who wanted to do it for free.
      
    • LAHL: What changes did you see happening with the patients (recipients) over the years?
      KAY: I saw a shift in the fertility patients who had become more demanding, wanting ‘designer babies’. I recall calling one woman who was using a surrogate and an egg donor to have a child. She was very picky about the women she wanted to use. One day, I was working on a Saturday, and I thought I’d found the perfect donor for her, so I called her. She said she was busy and asked if she could call me back in about 30 minutes. I explained that I wasn’t going to be available then so she said she’d get off the treadmill now so we could talk. I thought it was strange that she was so picky, but didn’t want to stop her exercise to discuss the egg donor I found for her. This was a child she so desperately wanted, but her exercise was her priority?
      

Surrogacy is also not in the best interest of women. The reason that we are not allowed to donate our organs (liver, kidney etc..) is that we understand that a huge sum of money negates the ability to make an informed decision. The money is motivating to ignore our mental and physical health, when it is a sum large enough to help improve our quality of life. But, surrogacy and egg donation are physically dangerous to the woman. We have no long term studies to show the effects of the massive amounts of hormones and such that a surrogate or egg donor need to take in order to ready themselves for a gestational surrogacy which allows clinics to tell these women that there is minimal risk. It is not because there aren't women who haven't lost their lives, reproductive ability that we can say that. It's because as an industry that's concerned with the bottom line of profit it doesn't behoove them to follow up.
Again, I thank you sincerely for proposing a ban on surrogacy. As a product of surrogacy I fully believe that this is in the best interest of children, women and families.

Primal Wound - Written by Nancy Verrier

I believe in one of my earlier posts I referenced "Primal Wound" by Nancy Verrier as a great read for someone who has had difficulty with being a product of 3rd party donor conception. I was reading the section she has for adoptees (Information for Adoptees) which can be found here: http://nancyverrier.com/information-for-adoptees/ Reading the primal wound gave me the sense that there was someone out there who understood the pain, and disconnected feeling that I've been through, relatively unacknowledged until recently. I wanted to share what she had to say on her page here:

"

Information for Adoptees

Because you have lived with separation trauma your entire lives, many of you haven’t realized that what you have been feeling and experiencing is not what everyone experiences. For many of you, reading The Primal Wound was your first clue that your particular feelings and behaviors may have been caused by your experience of relinquishment and adoption. Relinquishment means separation and loss, and adoption means living without genetic markers or being reflected back. Both are traumas, one acute and one chronic, and both are going to affect your way of being in the world. Although these feelings, attitudes, and behaviors are normal for having had the experience of separation and adoption, yet they may not be serving you well in your lives today.
On the other hand, there are some of you who resist acknowledging the effects of early trauma, because you haven’t known anything else. For the doubters and naysayers, there is an excellent book by Daniel Siegel you might want to read titled The Developing Mind, which includes the neurobiological reasons that early trauma affects our behavior, emotional responses, and neurological connections. It is difficult to know that one has suffered a trauma, when that trauma happened so early in one’s life.
When someone suffers a trauma at age 30, she can go back to age 25 or 27 as a reference point for her feelings, attitudes and behaviors. She knows that she wasn’t so fearful, so mistrustful, so needing to be in control, so sensitive to rejection, so depressed and anxious. She knew who she was and it isn’t who she appears to be now. Birth mothers, who experience trauma at the time of relinquishment, often get stuck emotionally at the age at which they gave birth.
You as adoptees have no reference point. For most of you, your trauma occurred right after birth, so there is no “before trauma” self. You suffered a loss that you can’t consciously remember and which no one else is acknowledging, but which has a tremendous impact on your sense of Self and others, your emotional responses, your behavior, and your world view. Your brain synapses connected according to your perception of your environment which seemed unsafe, unfamiliar, and in need of constant vigilance. This need for vigilance may have filled you with anxiety. Some of you became compliant and tried to be perfect, while others of you acted out and tested everyone who was important to you.
As children, these behaviors are to be understood and worked with patiently and lovingly (that is if adoptive parents are given a clue that their children have experienced trauma). But as adults, it is up to you to begin to realize the impact your actions have on others and to take responsibility for those actions. This is not always easy, because many of you don’t even realize that you have an impact. (Mom leaves, baby cries, mom doesn’t come back = I have no impact, no effect, no importance.) It is the baby mind that believes you have no impact. For the “adult truth” you have to check with others. Ask your husband/wife/mother/ partner: “Did it hurt you when I did…?” Then you can modify your behavior to reflect their answer. You have to begin to notice and acknowledge the effect you are having on others and then take responsibility for it. Take it from me: You do have an impact! You do matter!
Separation from mother is the ultimate loss. Although hidden from your conscious memory, that loss affects much of how you act in relationships. To be in a mature relationship, you must learn how your beliefs differ from reality. Then you can begin to change harmful behaviors. You may be acting from your trauma and not from your true self at all. Allow others to help you distinguish between the two, and learn to act from your true self, rather than from your traumatized self.
I’ve met thousands of adoptees since the publication of my first book in 1993, and each and every one has had a unique and wonderful personality. Yet there are many similarities in their behavior patterns, some compliant, some defiant, but behavior patterns which emanated from early trauma. As adults, it is time for you to gain control in your life. By you I mean the mature adult you, not the traumatized child you. (How many of you would consciously put a three-year-old in charge of your life? Well, you may have unconsciously done just that!) You have to begin to distinguish between your child and adult selves, and act from your adult self. You owe it to yourselves and those who love you.
Remember: You deserve to be treated with love, respect, and dignity, and you deserve to treat others with love, respect, and dignity."

From my communication with fellow donor conceived we as a community don't tend to speak up about our feelings because we don't want to hurt our social families. However, it's still important to acknowledge what losses we have been through. For anyone out there trying to come to terms with this subject I highly recommend Nancy Verrier's book.

You should be able to find it at most book stores, or you can go to amazon. Here is the link: http://www.amazon.com/exec/obidos/ASIN/0963648004/primalwoundco-20

The Emperor’s New Kids: A First Hand Account of Third Party Reproduction

"What could be the problem in letting eager caretakers use technology to create the children they so desperately want? In this illuminating talk, Alana Newman uses her first person experience as the daughter of an anonymous sperm donor, as well as her years of experience as a fertility industry watch dog to speak on why there is an infertility epidemic, why we should be worried about the use of profiteering from third party reproduction, and why we should reconsider the meaning of “wanted” child." from http://www.loveandfidelity.org/resources/the-emperors-new-kids-a-first-hand-account-of-third-party-reproduction/

Points that struck me
- "because this is a buisness now, anybody who has the money can have a kid because donor conception is really a euphemism for buying and selling kids"
- designer babies.. want just boys? you do this by "creating a bunch of embryos and search for and destroy the female embryos"
- "the only thing they know about their genetic mother and their birth mother, is that she accepted money in order to abandon them"
- " so we use terms like donation, but their lies what the donors are doing is they're accepting money to promise they'll have nothing to do with the child"
- Consider the wanted child. (As a product of donor conception myself, this "wanted" word just rubs salt in the wound.) Below pictures are Peter Troung and Mark Newton a California couple who hired a Russian surrogate for $8,000.00 to start their family. Days after he was born they started sexually abusing, created distributed child pornography, traveled the world prostituting their son to a pedophile network. What Newton had to say when he and his partner were sentenced to 40 years in prison "being a father was an honor and a privilege that amounted to the best six years of my life". (This couple desperately wanted their child.)

- (In a traditional adoption before you can adopt you go through home inspections and thorough screening to ensure that you're able to provide a good home for the child you're adopting. With 3rd party donor conception you get to just buy your baby and bring it home. It's extremely rare that anyone who goes to by sperm, eggs, or hire a surrogate goes through any rigorous screening. Alana Newman has previously interviewed a person who was at one point head of one of the largest egg banks, and she admitted that out of the thousands of prospective parents she saw she had only ever turned one away.)
- The FDA has NOT approved the use of Lupron for fertility use. There are strong associations with cancers for the horomones that the surrogates and egg donors are taking. (Due to the fact that there have been no long term studies on this prospective donors and surrogates aren't informed when making their decision. To learn more about this There is a documentary called "Eggsploitation" that goes into more detail to see some trailers for this documentary or to order to view go to http://www.eggsploitation.com/)
- What differentiates human trafficking from 3rd party donor conception is simply a case of when the paperwork is signed. If all contracts are signed prior to the child being conceived. Then it's ok. If the contracts are signed during the pregnancy that by law is considered baby selling. Highlighted by an attorney who used to be a surrogacy attorney Theresa Erickson. To learn more about this you can go to http://www.nbcsandiego.com/news/local/Theresa-Erickson-Surrogacy-Abuse-Selling-Babies-140942313.html 
*** As a product of surrogacy to me it doesn't matter when the paperwork was signed whether I was in the womb yet or not. Consider that in a traditional adoption the mother can sign the agreements while pregnant and have a small bit of time to change her mind after the child is born. ** When you buy the egg or the sperm you're not purchasing it for that! You're purchasing the child. Human beings Should Not be for sale
-  "What happens when children become commodities? We see identity loss, disenfranchised grief"
- The idea of we need to know where we come from (why is ancestry so important to us?)
-  A letter to mental health journal  by E Wellisch "...knowledge of and definite relationship to his genealogy is necessary for a child to build up his complete body image and world picture. It's an inalienable and entitled right of every person. There's an urge a call in everybody to follow and fulfill the tradition of the family, race, religion and community into which he was born" reason behind the letter was deprivation of this could develop into a stunting of emotional development. 
- If it's ok to sell your genetic material why isn't it ok to sell your organs? In organ donation it is believed if there were monetary compensation that people would be influenced to risk their health. Egg donation?? Surrogacy?? There is a risk to health there!!
- Important to know your medical! Many egg donor agencies don't keep long term records if there is something the donor's child should know she has no way of letting them know later down the road.
- 

Alana Newman on Fertility Industry Corruption

Alana Newman recently went to a conference in Charleston, South Carolina, sponsored by the American Association for Adoption and Reproductive Technologies Attorneys (AAARTA). Here is her Youtube video summarizing her thoughts on what she heard.



She has also written an article on her experience at the AAARTA. Please follow the link to read the article.
http://www.thepublicdiscourse.com/2014/01/11645/

Documentary by The Center for Biothethics and Culture on Surrogacy

 The Center for Bioethics and Culture has released a new documentary about surrogacy.



Here are a couple of the reviews for this documentary

Jennifer Lahl’s eye-opening interviews with surrogates, doctors, psychologists, and advocates across the political spectrum explain why surrogacy is either illegal or far more limited in other industrialized countries. Two NOW officials weigh in on the commodification of the financially strapped women who become surrogates and the widely ignored increased risk of maternal death in gestational surrogacy. Surrogates describe medical and emotional nightmares for themselves and the children involved; one who was allowed to visit the child to whom she’d given birth when the little girl was five months old describes finding that the until then constantly collicky infant did nothing but sleep peacefully on the surrogate’s chest the whole time she was there. Until then, she says, “I at no point in time thought about how it would affect her.” Perhaps most sobering, though, are the words of a young woman who was the result of such an arrangement: “Most of the consideration is for the adults” who can afford to effectively buy their children, she says, exploiting both the women hired to bear them and the children whose “foundation of existence is a contract, and money.”
  — Melinda Henneberger, Washington Post

Breeders takes a hard look at the often unacknowledged bioethical complexities, and individual and societal risks, associated with the global rise of commercial surrogacy. Its thoughtful analysis and interviews with a range of surrogates, family building brokers, and health professionals make important connections between those who purchase assisted reproductive technology services, the poor women who exchange their wombs for cash, and the impact third-party reproduction has on children and families.
  — Miriam Zoll, author of Cracked Open: Liberty, Fertility and the Pursuit of High-Tech Babies

Those who may doubt the truth of the old adage that “the road to hell is paved with good intentions” will have their doubts erased by this remarkable film. It powerfully indicts an industry that promises the infertile the joy of a baby but treats women as breeders and children as products. What began with laudable intentions ushered in a form of dehumanization. Jennifer Lahl has done the nation a great service by drawing attention to it.
  — Robert P. George, McCormick Professor of Jurisprudence and Director of the James Madison Program in American Ideals and Institutions, Princeton University

“Breeders” may strike some as a harsh label for the women who go through a pregnancy for another to whom they will give the babies (if) born. But seeing this film exposes the very problematic aspects of this highly commercialized — and seriously unregulated — global activity that need to be understood to have a true picture of this bit of the “baby business” and parenting. It should be required viewing for all of us, not only those taking part in these exchanges.
  — Abby Lippman, PhD, Professor Emerita McGill University; Research Associate, Simone de Beauvoir Institute, Concordia University, and longtime feminist activist with special interests in women’s health and women’s health policies. She has one foot based in academia and the other, the foot she favors, involves her in social justice and reproductive activism with community groups in Montreal and beyond its borders.


If you or anyone you know is considering using surrogacy to start your family this is a must watch. Currently the film is on sale for pre-order. Go to http://breeders.cbc-network.org/  to get it.