Family Formation Law Offices of Michelsen & Cohen

According to the Wall Street Journal, the new adoption treaty between Russia and the United States would require extensive reporting by agencies. Under this agreement, Russian authorities would receive ongoing reports for children adopted by US parents. Agencies would be responsible for tracking Russian adoptees until age 18 and reporting on the home environment, how the child is being treated, and whether the adoption has been interrupted. At least two recent cases, one of interrupted adoption and another involving abuse and neglect, have likely precipitated the agreement which was reportedly well-received on both sides. (read the WSJ article),

We’ve just learned about this organization which provides grants to needy couples facing infertility. They are a Florida-based non-profit and looks like they’ve given out five grants per year over the past 2 years. Application deadline is July 31, 2011. Visit their website for more information at . And if you need help with a gestational carrier or legal work related to assisted reproduction, please call us for a complimentary consultation.

When processing an adoption in California, you must make inquiry as to whether birth parents have any Indian heritage. Most importantly, all California courts are requiring proof that this inquiry was made for all adoptions. Your adoption request may be rejected (think San Mateo County) for failure to file these forms with your request. This is true for newborn adoptions, stepparent adoptions, even relative adoptions. You can find the appropriate forms (right now there are two of them) at the Judicial Council website. If you have questions about this inquiry or need help noticing all necessary Indian tribes, contact our office for a 15-minute complimentary consultation.

We are currently working with several compassionate couples who want to donate embryos. Most of these couples are seeking no remuneration; however, some may need minimal costs for storage and freezing. Typically, donations can be made at no cost to donors. Recipients are responsible for attorney fees for drafting the embryo donation agreement. Donors can specify the characteristics and qualities of recipients, ranging from family composition to degree of openness post-birth to life style. If you want more information about how we can help donors and recipients, or to learn more about donors and recipients we are currently working with, call for a complimentary consultation. (800) 877-1880.

Don’t panic. When this has happened in the past, we have obtained court orders on behalf of our clients. We’ve worked with both our local courts as well as sending state courts to obtain orders which allow adopting parents and their children to return home without delay. By closing down the so-called non-essential ICPC office, the State of Minnesota inadvertently penalizes children placed for adoption out of state as well as their birth parents. Instead of going home to bond with their family in a loving, safe environment, children who are adopted out of state are forced to spend their first days in a motel for an indefinite period of time. Clearly this is not in the best interest of these children–a great argument to make which frequently carries the day.

The issuance of 1099s for surrogates and ovum donors has been hotly contested. It appears that the IRS and state tax boards have started to go after surrogates and donor agencies for non-issuance of 1099s. This is what happens when government goes broke. They start looking for money wherever they can find it. According to our attorney and agency colleagues across the country, the IRS and Franchise Boards have are also auditing surrogates and donors for non-reported income. Always discuss the tax implications of any assisted reproduction income or expenses with a tax expert to understand your rights and liabilities.

Several states are refusing to reissue birth certificates when adoptions have been completed out of state, but the adopting parents don’t meet the reissuing state’s statutes as to who may adopt. States which refuse to amend are not complying with constitutional rights to full faith and credit. Even if upheld by the Appellate court, when the cases are appealed to the Federal courts or Supreme Court, the states have been ordered to issue amended birth certificates. Doing so is not only in conformity with the Constitution, but is in the best interest of the child. It is unfair to penalize a child by denying an amended birth certificate which shows who the parents are, especially when the majority of states would recognize such parents and amend the certificate without incident.

Recent stories have proliferated on the internet regarding a lottery in the UK to win a baby. This is a publicity stunt and misnomer because, in fact, the lottery is to win infertility treatments. While these treatments could and should lead to the ultimate birth of a child, it is not the same at all to raffling off a baby. These lotteries are not uncommon among fertility centers who have often done this to publicize their services while making them accessible to those who otherwise could not afford it.

Adopting a child from Russia might be getting easier. Sergei Lavrov, Foreign Minister of Russia, will be visiting the United States July 12-14 when he is expected to sign a bilateral adoption agreement with the United States. Among other things, this agreement will hopefully expedite foreign adoptions and make the Hague process more streamlined.