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This program was recorded on December 9, 2019
An estimated 15% of different-sex couples and 100% of same-sex couples are unable to conceive the old fashioned way. Enter adoption and Assisted Reproductive Technology. While the laws regarding net family formation vary widely by state, there are some universal basics that any lawyer must understand when delving into this practice or even while working with individuals or couples on matters including matrimonial, estate planning, or immigration. The legal issues that can arise are numerous and technical – we’ll explore some foundational concepts.
Elizabeth F Schwartz
Elizabeth is board certified by the Florida Bar in Adoption Law, is a fellow of the Academy of Adoption & Assisted Reproduction Attorneys and the Florida Adoption Council, and serves as an adoption intermediary helping make forever families of all kinds. Elizabeth has handled surrogacy for almost 20 years, assisting intended parents, gestational carriers and egg and sperm donors with their legal needs. She is the author of “LGBT Issues in Surrogacy” in the Handbook of Gestational Surrogacy, ed. E. Scott Sills (Cambridge University Press, 2016).
1.5 General Credit
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- Learn terms and identify thorny issues that can arise in surrogacy and adoption arrangements.
- Explore some nuts and bolts about adoption including private placement, foster care, stepparent, international and the various ways lawyers might be involved.
- Understand the differences between types of surrogacy: gestational vs traditional, foreign vs domestic, and agency vs DIY.
- Delve into the essentials of open and closed agreements and what role technology and home genealogy test kits play in upending those plans.
- Discuss what concerns arise for LGBT individuals and couples, including with religious exemptions, and the impact of the marital presumption.