MILLENNIAL PARENTAGEWho is a parent in 2015?

mil·len·nialmiˈlenēəl/nounplural noun: millennials; plural noun: MillennialsThe 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 dad2. Woman gives birth presumed mom3. Cohabitating with woman pre and through

conception4. Attempted marriage5. During minority father “receives child into

his home and openly holds out the child as his natural child”

Conclusive Presumption:6. 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 AssistedNew law: • Includes eggs and embryos • New law applies to unmarried

co-parents• New law no requirement to be

physician assisted

Intentional Parenthood1. Paternity Holding Out2. Consent with Intent3. Must be in signed record4. 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 Consent can be withdrawn.7.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 Law2. New Law3. Marital Status Neutral4. Gender Neutral5. No Traditional Surrogacy6. Compensation Allowed7. Contract Before Medical8. Attorneys Required9. 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

SURRATT LAW PRACTICE, PCwww.LawyersForFamilies.com

Reno Phone: 1-775-626-8200Las Vegas Phone: 1-702-318-7095

3705 Lakeside DriveReno, Nevada 89509

3303 Novat St., Ste 101Las Vegas, Nevada 89129