Archives for December 2022

Adoption vs. An Embryo Donation

The Pros of Cons of Embryo Donation

In vitro fertilization has become far more common in recent years, which has given rise to a corresponding increase in embryo donations. The couples who choose IVF desperately want to have children, and many of them choose to donate their unused embryos to help others in the same predicament. Embryo donation remains fairly rare compared to adoption, but there are several reasons why prospective parents might find it an attractive option.

Embryo Donation Is Less Expensive Than Adoption

The adoption process can be grueling for prospective parents, and it can also be financially draining. The cost of adopting a child in the United States is usually between $15,000 and $40,000 when an agency is involved, and not all of this money is refunded if the adoption does not go through. Embryo donations often involve couples who know each other, so the only costs they face are fees charged by IVF clinics. Embryo donation agencies have started to appear, but the fees they charge are much lower than the costs of traditional adoption.

Embryo Donation Is Faster Than Adoption

The conventional adoption process can be particularly hard on couples that hope to adopt an infant. Couples wishing to adopt a newborn baby face a wait of at least two years, and couples who are open to adopting toddlers face waits almost as long. Thousands of embryos available for donation are being stored in IVF clinics all over the country, which means the wait times for prospective parents who choose this approach are usually measured in months rather than years.

Pregnancy and Childbirth

Most of the couples who pursue traditional adoptions would prefer to get pregnant and have a baby naturally if they could. Embryo donation allows couples to enjoy this life experience, and it also gives them a level of control over the pregnancy that they would not have in adoption. When a child is adopted, the new parents can never be completely sure that the birth mother acted responsibly when she was pregnant.

The Risks of Embryo Donation

Speed, affordability, and the chance to experience pregnancy can all make embryo donation an attractive alternative to adoption for couples who want children but cannot conceive, but there are also risks to consider. Not all pregnancies go smoothly, and there is no guarantee that an embryo donation will lead to a live birth. With an adoption, prospective parents can expect a healthy child to be waiting for them at the end of the process.

Donated Genetic Material

Couples may choose donated sperm or eggs as an alternative to embryo donation. Embryo donation may seem the more attractive option because the donated embryos will be healthy, but there will only be a limited number available. Donated sperm and eggs are easier to acquire, and they may also cost less than healthy embryos.

Legal Issues

The growing popularity of embryo donation has raised a few legal issues. Prospective parents in states like New Jersey where embryos are considered property should make sure that both parents consent to the donation, and the enforceability of embryo donation contracts is far from certain in some parts of the country. If you have questions about any of these issues, a New Jersey adoption lawyer may provide you with guidance.

Helping Couples Who Want Children

The experienced family law attorneys at Cofsy & Zeidman have helped hundreds of couples to experience the joy of welcoming children into their homes. If you are thinking about embryo donation but have some questions, you should speak with one of our New Jersey adoption lawyers with experience in this area. To schedule a free consultation, you can either call our main Haddonfield office at (856) 429-5005 or use our online form. We also have offices in Woodbury and Philadelphia.

How A SCOTUS Ruling May Affect Native American Adoptions

SCOTUS Expected to Rule on Native American Adoptions

A lawsuit that has reached the U.S. Supreme Court may change the law surrounding the ability for people to adopt Native American children. In the U.S., upwards of 135,000 children are adopted every year. If you’d like to file for an adoption, our New Jersey adoption attorney can help protect your legal rights and understand what the adoption process entails.

The Indian Child Welfare Act and the Lawsuit Against It

In early November, the Supreme Court heard arguments in Haaland v. Brackeen, which is a series of cases that aim to have the Indian Child Welfare Act overturned. This law was officially enacted in 1978 and was designed to reduce the number of Native children who were being separated from family members. The law also provides tribal nations with a say in any child welfare case that involves a child associated with a federally recognized tribe.

Currently, this law has placement preferences that provide the child’s extended family with priority when it comes to adoption. The child’s tribe and other Native families also have priority over non-Native individuals. This case was brought forth by a white couple living in Texas who had difficulties adopting a child from the Navajo tribe that they were previously fostering.

Along with other foster parents throughout Texas, the couple states that the Indian Child Welfare Act puts them in last place to adopt Native children, which they believe is a form of racial discrimination. Before the Indian Child Welfare Act was enacted, thousands of children ended up being removed from their homes to go to boarding schools in an attempt to make them become more accustomed to white American society. In this situation, these children were unable to maintain their culture and speak the languages that their tribes spoke.

This problem was further exacerbated when the federal government created the Indian Adoption Project, which centered around placing Native children in white homes. Because of the almost immediate erosion of culture and language within the Native communities, Congress made the decision to pass the Indian Child Welfare Act to make sure that Native children were able to keep their connections to their communities.

What Opponents of the Law Say

Opponents of this law are mainly conservative organizations like the Goldwater Institute. They argue that this law imposes standards that make it much more difficult for Native children to get into stable homes with people who will love them.

At the moment, there are a large number of Native children in foster care, which critics of the aforementioned law believe is the result of there not being enough Native homes to place these children in.

While many Native children are placed in foster care, this arrangement is meant to be a temporary one. The primary goal of this process is to eventually have the child reunite with their parent or find a home that best suits them. Keep in mind that the Indian Child Welfare Act contains some exceptions for the permanent placement of Native children.

The proponents of this law state that the guidelines mentioned in the Indian Child Welfare Act are just preferences that still provide non-Native families with the means to adopt Native children. In most cases, the judge overseeing the adoption process has discretion over what the result of the case is. Some of the plaintiffs also state that this law is racist since it gives preference to Native relatives and Native families as opposed to non-Native individuals.

How Tribal Nations Have Responded

Representatives of many tribal nations state that the Indian Child Welfare Act is necessary to protect their future and the future of their government. In the event that the Supreme Court rules that Native American tribes are racial groups as opposed to political entities, the law would be considered unconstitutional. Tribal nations fear that the legal standing for their tribal sovereignty would then be in question.

The plaintiffs have also argued that the U.S. Congress overreached when they created the Indian Child Welfare Act, which tribal nations believe could make it easier for Title 25 of the U.S. Code to be disputed. Title 25 is a portion of the law that centers around Native Indians and tribes.

If you’re thinking about adoptiion, having an experienced attorney by your side should simplify the process and help you navigate any hurdles that arise. Call our New Jersey adoption attorney today at (856) 429-5005 to schedule an appointment at our Haddonfield office.

Contact Us

  • This field is for validation purposes and should be left unchanged.

Offices