Brave New World of Divorce: Alimony For Your Eggs?

Divorce is never a happy situation. But it can be especially difficult for women who would like to become mothers and face an expiration date on their fertility.

Baby CupcakesReproductive medicine provides many more options for people who wish to become parents. But this can also complicate a divorce. Fertility preservation could now become an issue in divorce if a New York family law case sets a precedent.

CFLGSD member Mel Mackler shares this article from the New York Times on September 7 about the case; read it at this link. How do you see this playing out in the courts and in divorce in the future?

Sperm Donor Being Pursued for Child Support

Family law attorney and CFLGSD member Myra Fleischer discussed a Kansas child support case making national news in this interview with NBC 7 San Diego. In the case, a man who participated in a private donation arranged via Craigslist to a same-sex couple is now being pursued for support after the biological mother applied for public assistance after being unable to work due to medical problems. Since the laws in Kansas and California are similar, while the case is unusual it could happen here. See Myra’s interview in the video window below.

Who Is A Parent in 2013?

by Frank X. Nageotte, CLS-FL

Faced over the last 30 years with rapid advances in the science of human reproduction and fertility, DNA analysis, and genetics, the equally rapid evolution of the legal rights of gay and lesbian individuals, and significant changes in social views regarding traditional marriage, same-sex couples, and families, the law throughout the United States has been forced to wrestle with the question of just exactly “who is a parent?”

The New Normal: Who Is a Parent

The New Normal: Who is considered a parent under the law in 2013?

The traditional “nuclear family” consisting of a married man and woman with children to whom they are connected by either biology or adoption is no longer the only family structure with which the courts must deal.  In some states, same-sex people can marry. Many other states have some form of Registered Domestic Partnership (“RDP”) for same-sex couples.  Of course, many couples (straight and gay) have children without being married or RDPs.  As a result, the definitions of “family” and “parent” have broadened significantly.

It is now legally possible in many states for a person who has no biological connection to a child, who has not adopted the child, and who is not married to (or an RDP with) the child’s biological parent, to nevertheless be found to be a “parent” of that child.  These cases often arise in connection with the break-up of a same-sex relationship.  However, disputes over parentage also arise between biological parents and stepparents, between surrogate mothers and the parties with whom they have contracted, and between sperm and/or egg donors and the recipients of their genetic material in cases of in vitro fertilization or artificial insemination.

In these cases, the courts are called upon to determine and evaluate the “intent” of the parties, the terms (if any) of their contract or agreement, the roles that they each have played in the child’s life, the existence and nature of a parental “bond” between each party and the child, and exactly what form of “family” will best meet the child’s interests and needs.

These cases are by their very nature extremely emotional and often heart-rending.  Resolving these cases through litigation can be quite expensive, especially since appeals are often necessary given the unsettled nature of the law in this area.  As is generally true with regard to all family law cases, our civil litigation system is very poorly equipped to handle these deeply personal issues.  Collaborative Family Law, with its team approach, use of appropriate experts, confidentiality, and focus on problem solving, is a much better process for these cases.

Sperm donation, parental rights, and the law: Column by CFLGSD member Myra Chack Fleischer

Sperm-Donation-Paternity-Child-Support-Law

Can a sperm donor end up on the hook for child support? The case of Kansas sperm donor William Marotta has raised numerous questions about the potential obligations of a sperm donor who never intended to be a legal parent to a child. Laws do vary from state to state; the law in California is similar to Kansas. The issue in this case arose after a same-sex couple separated, and no second parent adoption took place.

CFLGSD member Myra Chack Fleischer, lead counsel with Fleischer & Associates, explored the many issues raised in this case in her latest column for Communities Digital News at the Washington Times. Read more here. What implications does this have for your clients?

Read more: http://communities.washingtontimes.com/neighborhood/legally-speaking/2013/jan/17/daddy-sperm-donors-paternity-child-support-law/