Alternatives to Adoption Flashcards
What does the Uniform Parentage Act exist to deal with?
The problems that can arise when this parties are involved in adoption alternatives/assisted reproduction (surrogate or gamete provider)
Under the UPA, how is the parent-child relationship established?
Parent-child relationship established by
(1) giving birth (unless valid gestational agreement to the contrary)
(2) married to the woman who gave birth at time of birth or if birth occurred within 300 days after termination of marriage
(3) adjudication of parentage
(4) adoption
(5) acknowledgment of paternity that has been neither rescinded nor successfully challenged
(6) consent to assisted reproduction that has resulted in child’s birth
(7) consent by intended parent to surrogacy agreement resulting in child’s birth
what is the parentage of a child born as a result of assisted reproduction?
An individual who provides a gamete for or consents to assisted reproduction with intent to be a parent of the resulting Child is the child’s parent.
A donor who produces egg or sperm for assisted reproduction without parental intent is not the parent.
A person who dies before a child is conceived in assisted reproduction with their gamete is not the parent unless they consented in written record that they would be the parent even after death.
Can a gamete donor have any rights re: their genetic child?
Some states have allowed this for sperm donors
When is paternity presumed in assisted conception?
Husband of a woman who gave birth using assisted reproduction presumed the dad unless he proves lack of consent within 2 years
What are the types of surrogacy?
Gestational: gestational mother does not provide gamete
Genetic: gestational mother also provides egg
What surrogacy rules do most states have regarding the allowable types of surrogacy?
They permit gestational surrogacy but not genetic surrogacy. Both allowed under UPA but requires additional safeguards for genetic
What are the requirements for court approval of surrogacy agreements?
jurisdiction Home study unless waived Agreement is voluntary Provisions made for healthcare costs and no limitations on surrogate regarding her decision making re: her health or the health of the fetus Any consideration given is reasonable
What is the effect of subsequent divorce or marriage of intended parents on a surrogacy agreement?
Does not invalidate
When can surrogacy agreement be terminated?
Any time prior to embryo transfer
What happens if the agreement is unenforceable?
Surrogate mother considered the mother, regardless of biology
