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Arkansas Supreme Court Reverses and Dismisses Lower Court Ruling That Declared Portions of an Arkansas Birth Certificate Statute Unconstitutional Which Would Have Recognized Both Same-Sex Parents on a Birth Certificate for a Child Conceived Through Artificial Insemination With an Anonymous Sperm Donor

A recent Arkansas Supreme Court opinion, reversed and dismissed a lower court ruling regarding the procedure for issuing birth certificates reflecting the names of both same-sex parents when one parent conceives a child using an anonymous sperm donor.

While the same-sex couples were successful in obtaining their birth certificates (because that part of the lower court decision was apparently not appealed), the Supreme Court of Arkansas reversed and dismissed the lower court’s holding that the Arkansas Statutes were unconstitutional because the Statute allowed a husband of a wife artificially inseminated to be automatically named a father on their child’s birth certificate; however, the statute did not afford the same treatment to same-sex female couples whereby one of the parents is artificially inseminated.

 

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NJ Mom Sues Verizon For Denying Paid Maternity Leave for Twin Boys Born to Gestational Surrogate

A New Jersey mom sued Verizon after denying her paid maternity leave for twin boys born to a gestational surrogate.

The article reflects the struggle companies often face when medical innovation outpaces law; particularly in this case, laws protecting disability.   To add to the complexity, the NJ mom argues that Verizon provides paid maternity leave and some financial assistance for its employees to expand their family through adoption and that the selection of a gestational surrogate should receive the same favorable treatment.

 

 

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California Gestational Surrogate Challenges Right to See Children and Seeks Changes to Surrogacy Law

Melissa Cook is in above photo.  According to a recent article on the web, Ms. Cook contracted to be a gestational carrier in California.  She made news after refusing the contracting biological father’s request to abort one of three fetuses eventually born in February.   Cook has now filed in California to obtain access to the triplets and challenge California Surrogacy Law.

June 8, 2016 Update:  According to this report, a Federal Judge issued an Order on Monday, June 6, 2016 refusing to hear Ms. Cook’s claims against California law in Federal Court.  Instead, the Order states that a California state Court (and not a Federal Court) must decide on the constitutionality of the Gestational Carrier laws in California

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