Archive for May, 2015

Thank you, New York!

Posted on: May 20th, 2015 by Simple Surrogacy No Comments

Simple Surrogacy had a great time at the Family Building Expo in New York. It was a pleasure to meet so many of our clients again and see how big their babies have grown. We also enjoyed meeting so many potential clients, and we look forward to helping many of you become parents soon!

 

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International Surrogacy again an issue for unfortunate couple

Posted on: May 14th, 2015 by Simple Surrogacy No Comments

U.S. couple stuck in Mexico due to surrogacy snafu
By Rafael Romo, Senior Latin American Affairs Editor

(CNN)An American couple who say they have been stuck in Mexico for weeks because officials there won’t provide a birth certificate for their son believe a resolution could be close.

Haseeb and Christy Amireh, of San Jose, California, had a baby with the help of a surrogate mother in the Mexican city of Villahermosa, in the southern state of Tabasco.

Their son, Grayson, was born on April 16. The Amirehs were present at the birth, and everything to that point had gone according to plan.

But since Grayson’s birth, Tabasco state authorities have not provided the parents with a birth certificate.

According to the couple, Mexican officials told them laws regulating surrogacy had changed and they could no longer get the documentation to return to the United States.
On Friday, the Amirehs said a resolution may be close, but declined to talk about specifics.

“The momentum to be able to go back home is quickly building,” Haseeb Amireh said. “We may have good news as soon as this weekend.”

The couple set up a fundraising website to help with legal costs.

“Due to politics the current administration has revoked our human right to receive a birth certificate for our child and no passport to fly home,” the couple’s Go Fund Me page states. “This leaves us waiting in hotel rooms waiting without end in sight.”

The Tabasco government did not comment on the claim that it was refusing to grant the documents, and referred CNN’s calls to the state’s Civil Registry Office.

The Amirehs “have submitted their adoption contract and it is currently being reviewed,” said Maria del Carmen López, an official at the office.

She declined to comment further, citing privacy laws.

On her Facebook account, Christy Amireh posted pictures of her baby with the words “Bring Grayson Home!”

The case grabbed the attention of U.S. Rep. Eric Swalwell Jr., who represents the couple’s district in California.

“From what we learned, the governor in that state has put a moratorium on all birth certificates for surrogate families. I think this highlights why it’s really important to understand the laws of any country you are traveling to, to make a health care decision,” Swalwell told CNN affiliate KPIX.

It was unclear what modifications to the surrogacy law might be keeping the American couple stuck in Mexico.

But lawmakers in Tabasco have called for regulations on surrogacy births, and the governor supports the move, according to local media reports.

The issue of surrogacy in Mexico is also getting attention at the federal level.

Last month, Mexico’s Congress published a book that investigated alleged abuses and exploitation of surrogate mothers. Some federal lawmakers are pushing for a national law to regulate such services.

In recent years Tabasco has increasingly become a destination for American couples in need of surrogacy services, according to Marcy Darnovsky, executive director of the Center for Genetics and Society in Berkeley, California.

“The cost is a big reason. We’re talking about people who are trying to arrange surrogacy that is significantly less expensive than it would be in the U.S. That’s why people go,” Darnovsky said.

In 1993, Tabasco state enacted a provision in the law that regulates surrogacy, one of a few Mexican states where this is allowed.

“Tabasco is closer than other countries that offer these services like India. There are companies in Mexico that serve as brokers who can put couples in touch with surrogate mothers. They say come to Cancun, have a holiday, and we will assist you with your surrogacy needs,” Darnovsky said.

CNN’s Mariano Castillo contributed to this report.

http://www.cnn.com/2015/05/08/americas/mexico-us-couple-surrogacy-snafu/

Surrogacy in Texas under the Law

Posted on: May 14th, 2015 by Simple Surrogacy No Comments

What Do You Need to Know

Surrogacy in Texas

Texas Law

The State of Texas has codified a statute that protects certain surrogacy arrangements. Pursuant to Chapter 160 of the Texas Family Code, a gestational surrogacy arrangement meets the requirements of the Texas Family Code if there is a written gestational agreement that sets forth that:

 The gestational mother agrees to pregnancy by assisted reproduction;

 The gestational mother, her husband, if married, each donor other than the intended parents relinquish all parental rights and duties with respect to the child;

 The intended parents will be the parents of the child;

 The physician who will perform the assisted reproductive procedure informed each party of: the rate of successful conceptions and births attributable to the procedure, including the most recent published outcome statistics of the procedure at the facility at which it will be performed; the potential for and risks associated with the implantation of multiple embryos and consequent multiple births; the nature of and expenses related to the procedure; the health risks associated with, as applicable, fertility drugs

used in the procedure, egg retrieval procedures, and egg or embryo transfer procedures; and the reasonably foreseeable psychological effects resulting from the procedure; and

 The gestational mother and each intended parent agree to exchange throughout the entire term of the gestational agreement all relevant information regarding their health.

The Texas Family Code requires that:

 The intended parents be married to each other and each intended parent is a party to the gestational agreement;

 The eggs of the gestational mother can’t be used in the assisted reproductive procedure (i.e. the gestational mother can’t be genetic mother);

 The gestational agreement is signed before the 14th day preceding the date of the transfer; and

 The gestational agreement cannot limit the rights of the gestational mother to make decisions to safeguard her health or the health of an embryo.

What is the Process?

Single Intended Parents, Same Sex Married Couples and Heterosexual Married Couples

The legal process consists of three steps. The first step is the preparation of, review and signing of the Gestational Agreement (a.k.a. the “Contract Phase”). The Gestational Agreement is the key to a successful surrogacy journey.

The second step is the validation phase (often referred to as obtaining the “pre-birth order”), which takes place prior to the birth of the child. For a heterosexual couple or a single intended mother, an affidavit from a physician must be provided that sets out that the intended mother is unable to carry a pregnancy to term and give birth to a child or is unable to carry a pregnancy to term and give birth to a child without unreasonable risk to her physical or mental health or to the health of the unborn child.

The third step is the post-birth legal phase. The post-birth legal phase consists of filing a notice of birth with the court to let them know that a child, or children, were born pursuant to your Gestational Agreement and obtaining a second order that confirms you as the parents of the child or children.

Texas courts have issued varies opinions as to whether or not the statute applies to single intended parents and same sex couples that are married; however, some courts have been of the opinion that the statute does apply to same sex married couples and single intended parents as well as heterosexual couples.

Same Sex Non-Married Couples

Historically, for a same sex non-married couple, the legal process consists of two or possibly three steps.

Similar to same sex married couples and heterosexual married couples, the first step is the preparation of, review and signing of the Gestational Agreement (a.k.a. the “Contract Phase”).

The second step is the establishment of parentage after the birth of the child or children. During the second step, the gestational mother and her husband, if any, will execute a relinquishment of parental rights to the child, or children, 48 hours or more after the birth. The intended parents will have genetic testing performed on the child, or children, and themselves to determine the biological connection between the child, or children, and the intended parents. There will be a legal proceeding to terminate any parental rights the gestational mother and her husband, if any, have by virtue of giving birth to the child and ask the court to adjudicate the biological intended parent as the parent of the child or children by virtue of the genetic testing. For a same sex non-married couple, the second step may also include a request to the court to name the non-biological intended parent as a joint managing conservator of the child, or children, giving the non-biological intended parent the same rights as a legal parent.

For a same sex non-married couple, the third step may be for the non-biological intended parent to adopt the child, or children, by virtue of a second parent adoption. The second parent adoption cannot be finalized until the child, or children, have been in the care of the intended parents for at least six (6) months. In addition, a home study and criminal history check will be required.

Important Tips and Things to Keep in Mind

This is a “process”

Texas law requires that there is a minimum of fourteen (14) days between the date the last party signs the gestational agreement and the transfer. It is important that you allow enough time for the legal phase to be completed.

Don’t Wait Until the Last Minute

It is imperative that you contact your attorney before setting a medication start date and transfer date. You should allow no less than thirty days for the contract phase. Most clinics will not allow your gestational carrier to start her medications until you have provided a legal clearance letter from your attorney stating that the contract phase has been completed.

Communication is the Key to Success

Keep in contact with your attorney(s) and the agency throughout the process. We are not able to assist you if you do not keep us informed. Do not assume that

someone else has already told your agency or your attorney(s) something. Also, be honest with your gestational carrier about your desires/wishes from the beginning. It is a waste of your time and money if you are not honest about your expectations with your gestational carrier.

THE LAW OFFICE OF LAUREN GAYDOS DUFFER, P.C.

817.548.5643

www.txfamilylawatty.com