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Posthumous Conception - US Supreme Court To Hear Case

The Supreme Court of the United States will review a case involving social security benefits rights to surviving children conceived posthumously.

 

 

Canada: Saskatchewan Judge Recognizes Both Same-Sex Parents on Their Child's Birth Certificate

A judge in Saskatchewan held that the birth certificate for a same-sex couple's daughter should reflect the name of both of her intended parents and that the name of the gestational carrier should be removed.  The biological parent will be listed as "father" and his partner's name listed as "other parent."  See article.

Maternity Leave vs. Adoption Leave

A biological mother of twin children born to a gestational carrier has sued in federal court after her employer refused to grant maternity leave after the birth of her twin children through a gestational surrogate and only offered adoption leave amounting to less time off.

 

 

Embryo Missing: Family Suing for Financial Damages and DNA Testing Other Children?

A family in California recently sued their infertility clinic after discovering that the clinic could not account for the whereabouts of their stored embryo.

In addition to seeking financial damages, the family may seek an unusual remedy of asking the Court to order the DNA testing of other children born with the clinic's assistance to determine if the couple's embryo was mistakenly used.

 

 

Israel: Deceased Woman's Family Preserve Her Eggs

The family of a seventeen year old woman declared brain dead convinced the authorities in Israel to remove and freeze her eggs.  

If fertilized, the preservation of the eggs could possibly lead to the first known published case of retrieval, storage, and fertilization of eggs from a deceased woman utilized to create an embryo.  

Israel and other countries have experience with sperm from deceased men utilized to fertilize eggs.  This case is distinquished because that same technology could be utilized to allow the family of a deceased woman to possibly have a child derived from the egg of their deceased relative.

In order to do this, the family must obtain the Court's permission in Israel.  It is unknown how the Court in Israel would react.

Australia: Criminal Surrogacy Laws

A Queensland couple in Australia conceived three children with the husband's sperm, donor eggs, and two gestational surrogates in Thialand through commerical surrogacy.   Two family court judges in Sydney ordered that the three children remain living with their biological father and the biological father's wife - the intended mother - based on the best interest of the children.

The matter has been referred for possible criminal prosecution as the nation moves towards criminalizing commerical surrogacy domestically as well as internationally.

Israel: IVF Available Without Restrictions Found Elsewhere

This article explains how Israel accommodates families without bias with IVF and also assists with the substantial costs all in the name of creating families.

 

Norway: Biological Parents of Child Born Through Gestational Surrogate Told They Cannot Be Recognized As Their Child's Legal Parents

Biological parents from Norway have been notified that even though they ARE their child's biological parents, they will not receive legal recognition as their child's legal parents because their child was born through a gestational carrier.

 

Australia: Tasmania Bill Advances to Legalize Surrogacy

A proposed bill in Tasmania, Australia is under review.  

One of the concerns is that the bill provides for legally enforceable oral agreements.  The concern is that oral agreements could be problematic should a dispute arise and the oral arrangement was never reduced to a writing.  

The proposed bill attempts to balance the added cost of legal counsel and the possibility of requiring advance court approval versus a no cost oral agreement method. 

Australia: Mom With Genetic Condition Overcomes Obstacles To Parent And Fight Against Unfair Surrogacy Laws

A mother who has a rare genetic condition traveled to the United States to become a parent and has not turned her struggle and focus towards changing surrogacy laws in Australia.