FRIDAY LEGAL UPDATES - India Surrogacy, Embryos & Divorce, New York & Same Sex Marriages

TGIF, everyone!  Well, not much on the legal front this week that is new news, but here are a few items that I think are newsworthy.  Have a great weekend!

New York - Governor Patterson of New York announced plans that he is set to introduce same-sex marriage legislation into the State Assembly

If the legislation passes, it would make New York the fifth state to legalize same sex-marriage. Similar measures have been approved by courts or lawmakers in Connecticut, Vermont, Massachusetts and Iowa.

"We hope to have this bill passed at the end of June, at the end of the legislative session," said Kellner. "No one wants to bring this to the floor to fail, it would be a huge disaster. We want to make sure that if we bring this to the floor for a vote that it passes."

Nationwide - What Happens to Embryos When a Marriage Dissolves? 

One of the principal legal issues of ART, at the moment, regards the disposition of embryos and whether a couple that uses assisted reproductive technologies should be governed by the laws of contract or by the right to procreate. More specifically, when the couple decides to divorce and cannot agree on the disposition of the embryos that they created through ART, the following questions must be asked: who should have the right to procreate and who should not? Should the couple’s informed consent contract, which was signed before the creation of the embryos, trump the rights of the parties individually after the embryos are already in existence?

India - As I am continually being asked about surrogacy in India and I continue to hear of cases that are not working out as planned, I want to make certain that I provide those couples with the information that I have available.  I am not against surrogacy in India, I merely want to make certain that everyone makes their decision with their eyes wide open. 

Surrogacy & Child Rights

Right of Foreign Homosexuals to Have a Surrogate Child in India: An Analysis

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