Assisted Reproduction Flashcards
Generally
1-often used as a alternative to adoption
2-in some cases, it’s necessary that a person other than the intended parents is involved
3-the Uniform Parentage Act (UPA) now contains provisions related to assisted conception, but has not been adopted by many jurisdictions
Maternity
1-mother-child relationship is established by:
i-birth of the child
ii-adjudication of woman’s maternity
iii-adoption by the mother
iv-adjudication confirming mother of child born to a gestational surrogate
Paternity
1-husband who is married to a woman who has a child through assisted conception is the child’s father unless he proves his lack of consent within 2 years after birth
Gamete Donors
1-egg or sperm donors are not parents of a child conceived through assisted conception
2-some jurisdictions have allowed the sperm donor to have rights if agreed in writing by the donor and the woman
Posthumous Conception
1-if a gamete provider consented in writing that his or her gametes could be used after death to conceive a child, that child can be considered the child of a deceased parent
Gestational Agreements
1-some states have failed to enact legislation on surrogacy because they characterize the agreement as the sale of a child
2-gestational mother is also referred to as a surrogate
3-gestational mother, her husband and intended parents must enter in to a written agreement
4-court must approve the agreement if:
i-court has jurisdiction
ii-child welfare agency has conducted a home study unless waived
iii-agreement is found to be voluntary
iv-provision has been made for health care costs until birth
v-if surrogate is promised consideration, it’s reasonable
5-if the agreement is unenforceable, the gestational mother is considered the mother of the child, regardless of biology
6-if the agreement is approved, intended parents must file notice of birth and court will issue an order of parentage
