Archives for April 2024

DOD and VA To Expand Use Of IVF

DOD and VA Expand IVF Program Eligibility

According to the American Medical Association, infertility affects one in eight couples in the United States. Among active military and veterans, this number is even higher because of service-connected health conditions. The U.S. Department of Defense (DOD) and the Department of Veterans Affairs (VA) had previously limited in vitro fertilization (IVF) to married, heterosexual couples, but New Jersey adoption attorneys note that those rules are changing in 2024.

In Vitro Fertilization

IVF involves a complex and personalized series of procedures that can lead to pregnancy. It is currently the most effective fertility treatment involving the direct handling of sperm and eggs or embryos.

DOD and VA IVF Programs

The DOD and VA established their IVF programs in 2017 as directed by a number of health-, military- and veteran-related acts that Congress passed in 2016 and 2017.

Criticisms of the DOD, VA IVF Programs

Since their inception, there have been two main criticisms of the DOD and VA IVF programs. One is that the DOD and VA limit access to military personnel and veterans who are infertile as a result of their military service. The other is that the agencies limit access to married, heterosexual couples using their own sperm and eggs or embryos.

Yale Law School and NOW Lawsuits

In August 2023, civil rights and veterans advocates sued the VA and DOD based on both criticisms. The groups involved were the:

  • New York City chapter of the National Organization for Women (NOW)
  • Yale Law School Veterans Legal Services Clinic
  • National Veterans Legal Services Program

The lawsuits were a partial success. Soon after they were filed, the DOD and VA agreed to end the marriage requirement and the ban on donor gametes. Both agencies, however, retained the requirement that infertility must be linked to a service-connected injury, illness, or disability.

Updates to the IVF Programs

The changes promised in August 2023 became official with both the DOD and VA in March 2024. Through the new policies, any military personnel or veteran with service-connected fertility now has access to the IVF program. Both agencies noted that there was pent-up demand and that they would begin enrolling newly eligible participants by the end of the month.

The newly eligible participants have access to all of the infertility-related services and benefits that had been available previously. These include:

  • Laboratory tests
  • Imaging services
  • Surgical correction
  • Hormone therapies
  • Vasectomy reversal
  • Fertility medications
  • Adoption reimbursement
  • Sperm retrieval techniques
  • Infertility assessments and counseling

Surrogacy

Under the current law, neither the DOD nor VA can cover surrogacy. The IVF procedure can include surrogacy, but the patients need to fund it out of pocket and oversee the logistics.

Potential for Future IVF Program Updates

Whether there will be additional lawsuits to push for further changes, such as including surrogacy and expanding the program to all infertile military personnel and veterans, remains to be seen. With or without additional lawsuits, such updates will likely require Congress to pass new laws that explicitly require these changes.

According to some experts, these new laws are possible. While infertility rates among military personnel and veterans are generally declining, demand for assisted reproduction is rising. In addition, the U.S. military has openly recognized that family building is a crucial aspect of happy service people who continue their careers with the armed forces.

Local Representation in New Jersey for Assisted Reproduction

The Law Office of Cofsky & Zeidman has decades of experience representing clients in New Jersey in matters of adoption and assisted reproduction. We appreciate the challenges you face and would like to help you make the best decisions for you and your family. To meet with a New Jersey adoption attorney, call our Haddonfield office at (856) 429-5005, our Woodbury office at (856) 845-2555, or contact us online.

5 Tips for Parenting an Adopted Child

While adoption brings a lot of benefits to families, the unfortunate reality is that it also increases the child’s risks of mental health problems and attachment issues. To avoid the potential pitfalls of adoption, it is essential to put some extra thought into how you parent adopted children. Here are some of the top tips from adoption and childcare experts.

Be Honest About the Adoption From the Start

Interviews with adult adoptees show that one of the biggest risk factors for adoption trauma is secrecy. When a person has spent their whole life believing one thing, finding out their family lied to them is a huge blow to their sense of self. Adoption advocates encourage parents to always be up front about the situation. Figuring out when to tell your child they’re adopted doesn’t have to be complex. Just start with simple, child-friendly explanations when they first ask where they came from or when they joined your family. By making sure your child always knows their origins, you can avoid unpleasant surprises later on.

Don’t Try to Block Access to Biological Parents

Many adoptive parents feel a sense of resentment toward the idea of their child meeting their biological parents. While this sense of jealousy is natural, it is important to overcome it. Many childcare experts believe that an open adoption is the most effective choice. Try to remember that love is not a finite resource. Your child spending time with their biological parents doesn’t diminish the deep parental bond you have with them. You can still easily maintain boundaries by having a New Jersey adoption lawyer draft a document that addresses things like how often contact takes place or who can initiate contact in your open adoption. No matter what sort of contact you decide on, try to let your child lead the relationship. Listen to them and help them see their biological family as much or as little as they want to.

Take the Time to Acknowledge Trauma

Research shows that early childhood trauma can still have an effect even if the person doesn’t remember it. For a newborn, leaving the person who smells and sounds familiar to them can be just as traumatic as a child leaving the parent who raised them. Furthermore, older children may grieve the loss of a biological family even if they never met them. It’s important to give your child space to deal with this grief and avoid making them feel bad for their emotions. Adoptive parents who provide unlimited love and support can help their children better process these feelings.

Don’t Make Your Child Feel Like They Owe You

When discussing adoption, many people say things like, “You are giving an underprivileged child a better life.” This sort of attitude can cause problems because it creates an inherent sense of imbalance in your relationship. Adoptive children are often left feeling like they owe a huge debt of gratitude or are being judged for their ancestry. Instead of approaching the situation as if you have done a special service for your child, try to focus on all the joy and happiness your child has given you.

Always Be Open to Learning More on the Subject

Like any other type of parenting, parenting an adopted child is a process. Your family is always growing and changing, and there’s always new information to consider. The best adoptive parents are those who can admit they don’t know everything. By being willing to listen to adopted children and taking the time to research adoptive parent tips, you can get the information you need to give your child a happy, healthy life.

No matter what stage your family is in, Cofsky & Zeidman are here to help. As one of the top New Jersey adoption lawyers, Donald Cofsky has plenty of experience helping with things like finalizing adoptions or communicating with birth parents. Our Haddonfield, Woodbury, and Philadelphia teams can help you and your family find an effective arrangement. Call 856-429-5005 or fill out our contact form to schedule your consultation.

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