Steven H. Snyder & Associates Attorneys at Law

Hennepin County Adoption Law Blog

Deciding whether surrogacy is an option for your family

There are no clear standards across the United States when it comes to using a surrogate mother to have a baby, and Minnesota is no exception. There are no laws prohibiting (or permitting or regulating) gestational or traditional surrogacy in the state.

The Minnesota Gestational Carrier Act was introduced as a way to implement statewide standards instead of relying on the varying policies of individual fertility clinics and surrogacy administrative agencies and a patchwork of outdated laws, rulings, and regulations from across the state.

Surrogacy agreements now option for same-sex parents in Utah

Utah’s Supreme Court recently ruled that a Utah state statute is unconstitutional because it excluded same-sex couples from being able to enter into gestational surrogacy contracts.

The issue came about when an unnamed same-sex couple wanted to enter into a surrogacy agreement as intended parents with a heterosexual surrogate and her husband. At the time, there was a statute in effect that set forth the requirements for the parties to a surrogacy agreement. Although same-sex marriage was not legal in Utah at the time, there wasn’t any specific language in the statute stating that same-sex couples were expressly prohibited from entering into them.

How to boost fertility for men and women

There’s a huge misconception surrounding pregnancies; between films like Knocked Up and Juno, people believe it’s incredibly easy to reproduce. All you need to do is have unprotected sex.

However, the reality surrounding pregnancy is quite different. Most couples have to spend months, possibly years, trying to have their child. Many people turn to various sources to find ways to boost their fertility and their chances of getting pregnant. Luckily, there are natural ways that will aid in reproduction.

New technology: Both moms play role in bringing child into the world

As technology, science, and medicine continue to evolve, so are the ways same-sex couples can grow and expand their families.

In one reported case, two mothers got to both experience what it is like to play a role in carrying their child, a now happy 9-month-old. The couple went through a fertility procedure called reciprocal effortless in vitro fertilization, also commonly called in vivo fertilization.

Implications from egg destruction a legal wake-up call

A lawsuit that resulted from the inadvertent destruction of more than 4,000 frozen eggs and embryos is causing legal repercussions far beyond the immediate aftermath of the incident.

Last March, a storage tank malfunctioned at the University Hospitals Fertility Center in Cleveland, destroying the saved eggs and embryos of 950 patients. Several weeks later, Wendy and Rick Penniman sued to challenge Ohio's legal precedent that a fetus that is not yet viable is not a person under the wrongful death law.

Can a doctor harvest sperm from a cadaver?

The answer is yes, a doctor can harvest sperm from a cadaver. The next question is whether the doctor should.

Sperm can remain viable for between 24 and 48 hours after a man dies. Doctors will first look for physical damage to the testicles, then talk to survivors to determine if the man's sperm had been previously viable for conception and that no testosterone or steroid use has affected the sperm viability.

Catching Up to Medical Science - New Jersey to Make Compensated Surrogacy Possible

By January 1, 2019 there will only be three states that have published statutes or case law that prohibit compensated surrogacy contracts - those states being Louisiana, Michigan and New York. With the State of Washington amending its Uniform Parentage Act to decriminalize compensated surrogacy to be effective January 1, 2019 and New Jersey just recently providing for enforceable gestational carrier agreements.

Who gets frozen embryos in a divorce?

There are still so many grey areas when it comes to the laws surrounding assisted reproduction. At the same time, more couples are using procedures like in vitro fertilization to have their own families. Because of this, the courts are hearing more and more cases where there just aren't any hard and fast rules - or real precedent - to look at.

Take for example a Supreme Court case in Colorado. In this case, a couple went through in vitro fertilization years prior - using their own sperm and eggs -- and now have three children together. The husband and wife have since divorced, and the question at hand is what should happen to the frozen embryos. The husband does not want more children, while the wife still does.


Surrogacy in Pop Culture

Surrogacy is making a dramatic entrance into the pop culture world with many celebrities and public figures coming forward about having children via surrogacy as well as many television shows now addressing the topic of surrogacy. Actors Sarah Jessica Parker and Matthew Broderick welcomed twins in 2009 using a surrogate after struggling to conceive after the birth of their son. Actor Neil Patrick Harris and his husband, David Burtka, welcomed twins in 2010 via surrogacy. Comedienne and television host, Jimmy Fallon and his wife, Nancy Juvonen, used a surrogate for both of their children after struggling with infertility. Most recently, Kim Kardashian and husband Kanye West welcomed their third child via surrogacy after doctors told Kim it would not be safe for her or her child's health to carry a pregnancy due to her struggles with preeclampsia and placenta accrete. Whatever the reason, surrogacy is making its mark and redefining how we perceive a family.

Sharing your fertility story on social media

The decision to start a family can be both a very personal and a very public one. On the one hand, couples who are trying to get pregnant can get weary with the constant questions of “are you pregnant yet?” But on the other hand, many couples are overjoyed to share an image on Facebook or Instagram of baby shoes or a sonogram.

For couples who are looking to assisted reproductive technology to achieve the dream of the pitter patter of little feet, the decision on what to share and when can be even more challenging. Especially with people who will, for better or worse, share their opinions about your very personal decision.



Steven H. Snyder & Associates
11270 86th Ave N
Maple Grove, MN 55369

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