Modern Fertility Law, the firm of Milena O'Hara, Esq.

Third-party assisted reproductive law attorney, including surrogacy, egg donation, sperm donation, and embryo donation.

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Germany denies issuance of a German birth certificate to a child who was born in the U.S. by a married surrogate mother.

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The only way for the German parents to become parents of a US born child through surrogacy is through an adoption process, pursuant to German law. Even with a California birth certificate indicating they are the sole legal parents, Intended Parents cannot override the applicable German law (Art. 19 Abs. 1 S. 1 EGBGB) and can therefore not establish German citizenship of the child pursuant to §36 Abs. 1 S. 1 PStG. OLG Stuttgart.

German couples are strongly advised to seek local counsel prior to undergoing surrogacy in the U.S.

Germany Court

New York may be on its way to being surrogacy-friendly.

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New York State does not allow paid surrogacy. But, that hasn’t prevented 1,000s of people from pursuing surrogacy in other states and countries. Couples usually return to NY with their parental rights already finalized. However, for gay couples who pursue surrogacy in India, the non-biological father must undergo a step-parent adoption of the child back in NY. How did NY deal with this issue? In a recent court decision, the judge allowed a co-parent to adopt the child he and his partner brought about through a paid surrogacy arrangement even though it would have been illegal in NY. Hopefully, this will help lead the path to surrogacy-friendly legislation.

California is the friendliest state: A 1993 case, Johnson v. Calvert, ruled that paid surrogacy arrangements are legal and the intended parents of a child are the sole legal parents.

Read more here.

Chinese seek US surrogates

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A growing number of Chinese are turning to the US for surrogacy and egg donation. China bans surrogacy, as well as the country’s birth limits. NPR looks into it.

There was a rush to conceive children earlier this year — the Year of the Horse — which, according to the Chinese zodiac, is especially auspicious for boys.