Corona Virus (COVID-19) and Family Formation Through Assisted Reproduction Technology

With this virus spreading throughout the United States and the world, all parties involved in or considering getting involved in family formation through assisted reproduction technology are seeking advice. We already know that travel is being restricted, and for the current time banned internationally from many countries. These travel restrictions as well as those involving quarantines could interfere with using a Gestational Carrier or even preventing Intended Parents from attending the birth of their child or children. These same restrictions may also present problems or delays for medical procedures or screenings which have been scheduled and which involve Gestational Carriers or Donors. With this in mind timing and travel arrangements should be examined very carefully and plans made accordingly.

One of the things to be considered would be to arrange for a temporary guardian of any child who is to be born through an ART arrangement in the event that the Intended Parents cannot travel. This would include a written document as well as a Medical Power of Attorney for the temporary guardian to use.

It is essential that everyone keep up to date with regard to precautions to be taken. This information is being given to the public many times each day and is being constantly updated. More information is available on the website of the CDC at www.cdc.gov/coronaviras/2019/ncov/index.html. Additional information may also be found on the website of the American Society for Reproductive Medicine at www.asrm.org or call me, Donald Cofsky, Esq, to discuss. (856) 429-5005.

 

Separation of Immigrant Families

There has been a lot in the news about children being separated from their parents who have entered the United States either illegally, or who have requested asylum in the United States.

The courts have ordered the federal government to re-unite the children with their parents. Unfortunately, this has not necessarily been occurring.  In fact, it was recently reported that at least 300 individuals were sent back to their home countries in Central America without their children. Their children were then placed into state foster care.  As more and more time has passed, some of the foster families have asked for permanent custody, and although having signed agreements that they would not seek to adopt the children, it appears that this may now be happening.

The states’ foster care systems are not equipped to deal with these children.  Further, and more importantly, the separation of these children whether at a very young age or older, is devastating for them.  This is a situation which must be dealt with and remedied properly.  No child should be taken from his or her parents who may very well be excellent parents, especially when the separation is for punishment unrelated to child care or for political reasons.

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