MILLENNIAL PARENTAGE Who is a parent in 2015? mil·len·nial miˈlenēəl/ noun plural noun: millennials; plural noun: Millennials The demographic cohort following Generation X. There are no precise dates when the generation starts and ends. Researchers and comentators use birth years ranging from the early 1980s to the early 2000s.

SURRATT LAW PRACTICE Nevada and California Attorneys Las Vegas and & Reno, Nevada 12 Years of Assisted Reproductive Experience AAARTA Fellow American Fertility Association American Society of Reproductive Medicine Resolve National LGBT Bar Association Nevada State Bar Family Law and LGBT Sections Lobbyist Chair for NJA & Sections of State Bar Nevada Supreme Court Bench Bar Committee

DEFINITIONS ART ABA Model Act versus UPA Third Party Reproduction Artificial Insemination, IUI, IVF Intended Parent Gestational Carrier Traditional Surrogacy Recipient Parents

PRE 2009

Old Fashioned Paternity and Maternity Rebuttable Presumptions: 1.Married to woman who gives birth presumed dad 2.Woman gives birth presumed mom 3.Cohabitating with woman pre and through conception 4.Attempted marriage 5.During minority father “receives child into his home and openly holds out the child as his natural child” Conclusive Presumption: 1.DNA test

THE START OF ART LAWS 1978 First IVF Baby, Louise Brown, Born in London 1981 – First US IVF Baby Born 1984 First Live Birth from Donor Oocytes 1992 Fertility Clinic Success Rate and Certification Act – mandated CDC to collect ART cycle information

CHANGES IN ART 1990: 122 BIRTHS FROM DONATED EGGS 2006: 13,984 FRESH/FROZEN DONOR EGGS 2012: 19,847 FRESH/FROZEN DONOR EGGS

EXAMPLE OF A NEW ART LAW Nevada Effective 2013 Gender Neutral Marital Status Neutral Eliminated Old Surrogacy Statute Eliminated Old Artificial Insemination Statute

NEVADA EGG, SPERM & EMBRYO DONATION Old law: Sperm Only, Married, Physician Assisted New law: Includes eggs and embryos New law applies to unmarried co-parents New law no requirement to be physician assisted

Intentional Parenthood 1.Paternity Holding Out 2.Consent with Intent 3.Must be in signed record 4.If not, if they reside together first 2 years of child’s life and hold child out as their own. 5.Contested spouse actions must happen in first 2 years of learning of birth of child. 6.Consent can be withdrawn. 7.St Mary v. Damon

GESTATIONAL CARRIER AGREEMENTS 1.Old Law 2.New Law 3.Marital Status Neutral 4.Gender Neutral 5.No Traditional Surrogacy 6.Compensation Allowed 7.Contract Before Medical 8.Attorneys Required 9.Pre-Birth Orders Allowed

CURRENT ART WORLD ASRM has created guidelines for gamete and embryo donation The guidelines include medical and psychological screening of recipients and donors ASRM also created recommendations for practices utilizing gestational carriers. Agencies have popped up everywhere for matching of donors and surrogates

CURRENT ART WORLD Parentage is State Dependent States are either prohibitive, restrictive, permissive, or silent. Surrogacy restriction often turns on compensation Pre-Birth Parentage Debate Parentage Process Varies dramatically

CURRENT ART WORLD Distinctions of “known” versus “anonymous” Agency or No Agency Independent Legal Representation Screening Process Insurance Concerns Embryo Adoption versus Donation

ART CONTRACT ISSUES Termination/Selective Reduction Reimbursement/Payments Breach Provisions Insurance Parentage Determination Confidentiality Future Contact Management of Pregnancy Death of Intended Parent or Divorce

MARRIAGE EQUALITY Versus Parentage Equality Presumptions Full Faith and Credit Questions Battle of Jurisdictions Step Parent Adoptions Unmarried Couples

Domestic Partnerships Equals Marriage State Benefits No Federal Benefits Parenting Agreements Full Faith and Credit

FINAL QUOTES “Although there are many trial marriages, there is no such thing as a trial child.” – Gail Sheehy What does the future hold? Advances in technology? Advances in legal authority? International ART changes? Ethical Concerns?

QUESTIONS

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