Please find attached an advance copy of the Department of State final rule amending the B visa regulations to establish a rebuttable presumption that a B (Visitor) nonimmigrant visa applicant who a consular officer has reason to believe will give birth during her stay in the United States is traveling for the primary purpose of…

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According to co-authors, Marla Neufeld, Esq. and Jeffrey Kasky’s of the American Bar Association’s recent book, The ABA Guide to Assisted Reproduction, Techniques, Legal Issues and Pathways to Success: There are many types of contracts involved relating to assisted reproductive technology (“ART”). These should be executed prior to the start of any medical procedures that…

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Gift Guide: MHB’s Essential List of Surrogacy Books for Adults and Kids On Men Having Babies’ social media page, they said as follows: This holiday season, we want to share the extensive book list we created with our families and dads-to-be. Our recommended reads, also featured at our conferences’ book fairs, include children’s books showcasing…

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The A, B, Cs (along with CDCs and FDAs) of Regulatory Implications over Assisted Reproductive Technology Marla Neufeld’s article was just published in the December 2019 issue of the American Bar Association’s Health Lawyer publication.  The article is titled, The A, B, Cs (along with CDCs and FDAs) of Regulatory Implications over Assisted Reproductive Technology…

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Florida Surrogacy Court Proceedings Once the child(ren) is born in Florida via surrogacy, Florida law requires the intended parent(s), within 3 days of the birth, to petition the selected Florida court for a post-birth court order directing the Florida Department of Vial Statistics to issue a birth certificate naming the intended parent(s) as the sole…

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Consider Your State’s Surrogacy Laws: Each state has different laws, or no laws at all, governing surrogacy. In some states, it is a crime to compensate a surrogate. Some states do not have clear laws or procedures governing surrogacy which could jeopardize the parental rights of the parties involved and cause legal uncertainty for the…

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Under Department of State  (“DOS”) policy, children born to same-sex couples are treated the same way as children born out of wedlock for purposes of determining United States citizenship.  Despite the fact that same sex marriage is a federally recognized institution, the DOS requires the biological father to show a “blood relationship” by clear and…

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More and more women are approaching me about the concept of freezing their eggs and fertility preservation pursuant to Florida law. It’s a legitimate consideration women have to make when thinking about when they are ready to build their family and if they want or need to preserve their fertility. Women are born with a…

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Each state has different laws regarding surrogacy and some states do require some form of medical necessity before being cleared to proceed with a surrogacy journey. What constitutes this medical need and how such medical need is determined is not specifically defined. Based on U.S. case law, it appears that the determination of a medical…

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Surrogacy in the United States is a popular for intended parents who live abroad. Reasons parents work with surrogates in the United States includes strict regulation over reproductive doctors in the U.S., high success rates with many U.S. fertility clinics,  favorable laws in many states, and U.S. citizenship granted to any child born in the…

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