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.
Monday, June 16, 2014
Monday, February 10, 2014
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]
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
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.
Go to topA06701 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.Go to top
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.
Sunday, January 26, 2014
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?
- LAHL: Who were your typical egg donors in the
early days?
- Quote from the
"Son of a Surrogate" Blog
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.
Thursday, January 23, 2014
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
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
Friday, January 17, 2014
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.)
- 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.
-
Thursday, January 16, 2014
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/
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/
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