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Ferring Pharmaceuticals

An Overview of Updates in Reproductive Law

October 21, 2004 - Thursday
2:40 PM to 3:40 PM (EST)
Guest Speakers: Melissa Brisman, Esq.

Categories
Egg Donation • Gestational Carrier


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melissabrisman Hi, I am Melissa Brisman, Melissa B. Brisman, Esq., 77 Market Street, 2nd Floor, Park Ridge, New Jersey, 07656, melissab@reproductivelawyer.com, 201-505-0078, www.reproductivelawyer.com-if you have any questions you can just ask
sbpliner Hi Melisssa. We are actually clients of yours!!!! We are in the beginning stages of the carrier process, but when we saw that you were participating tonight we thought we would see what questions were being asked by others.
melissabrisman I thought I recognized your user name but you know you never there could be more than one person with that name-nice to talk to you
melissabrisman With the new website address maybe people can't find it-it looks like that all you have is me!
sbpliner I know-I feel a bit silly!
melissabrisman How do you think I feel-I am the speaker:)
sbpliner Good point! Just kidding! If it makes you feel better, it is actually me, my husband and my in-laws talking to you!!!!!
sbpliner Everyone says hi and thanks for all of your help so far!
melissabrisman You are welcome-do you have any questions you want to ask me that will be saved on public message board:) Hi everyone
sbpliner oh dear-that's alot of pressure! Well, based on the title of the topic for the evening, what are some recent developments that will affect people like us working with a carrier?
melissabrisman There have been a few new carrier cases-In August the MA supreme court ruled that a carrier who resided in NY- a state where gestational carrier contracts are uneforceable could deliver in MASS-a carrier friendly state if she got all her ob care in MASS and obtain a pre-birth parentage order with the genetic parents placed on the birth cert. immediately after birth even if it was not possible to obtain such an order in NY-no one resided in MASS not even the intended parents
melissabrisman Also a PA lower court recently allowed a gestational carrier to keep custody of the children she delivered where no birth order was attempted or obtained, where the Intended Father was 62 years of age, failed to be present for the birth of the children, and the egg was obtained from an anonymous egg donor, the court noted that his desire to parent seemed less than impressive since he failed to regularly visit the triplets and appeared uninterested in their care, the triplets were released to the gestational carrier, the intended father currently has visitation rights only
melissabrisman I forgot to mention that the intended father was no married and was engaged though the fiance was not a party to the gestational carrier arrangement
sbpliner well what was he thinking?????
sbpliner I think the first decision sounds very positive and the second is hopefully just extremely fact specific-coming from PA, I certainly hope so anyway!
melissabrisman The PA case is very unusal and I think does really not cause worry for the law as a whole in this arear
melissabrisman Do you know what flooding is
sbpliner no.
melissabrisman Ok I am logging off at 8:30 if no one else joins-dont feel obligated to stay in the chat room!!!
sbpliner Let's leave on a positive note. . .our potential carrier is from Florida. How are the laws in Florida?
melissabrisman Florida is a wonderful state-it is one of the few states that has a statute on Gestational Carrier-if the contract is properly constructed which it will be you are basically guaranteed by Statute a pre-birth order as long as one parent is biologically related to the baby the carrier delivers-
sbpliner Hooray! Well, now I am logging off. You should tell them to reschedule because I am sure alot of people have questions but don't know the new cite!
melissabrisman I will let them know-have a good night
sbpliner You too. Thanks
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