Some Information On Surrogacy Contracts

Some Information on Surrogacy Contracts

Surrogacy contracts, which are also known as gestational carrier agreements, are documents that define the rights and responsibilities of surrogate mothers and intended parents. These contracts are used for all gestational surrogacies in New Jersey, and fertility clinics will not perform surrogacy procedures unless a legally binding agreement is in place.

The New Jersey Gestational Carrier Agreement Act

New Jersey lawmakers passed the Gestational Carrier Agreement Act in 2018. Prior to this law’s passage, paid surrogacy arrangements were illegal in the Garden State. The law created strict requirements that all parties to a gestational surrogacy must meet. These requirements include:

  • The surrogate mother and intended parents must be represented by attorneys familiar with this area of the law.
  • The surrogate mother must be at least 21 years of age.
  • The surrogate mother must have given birth to at least one child before entering into the agreement.
  • The surrogate mother must undergo a thorough medical and psychological evaluation.
  • The intended parents must undergo a thorough psychological evaluation.
  • The agreement must state that the intended parents will accept custody of the child.
  • The agreement must state that the surrogate mother will allow the intended parents to accept custody of the child.

The intended parents who sign surrogacy agreements in New Jersey are usually married couples, but they do not have to be. The Gestational Carrier Agreement Act allows individuals and unmarried couples to enter into agreements with surrogate mothers, and same-sex couples have the same rights as opposite-sex couples.

Gestational and Traditional Surrogacy

The Gestational Carrier Agreement Act, which was revised in 2023, applies when the surrogate mother is compensated and undergoes in vitro fertilization procedures to become pregnant. The law does not apply when the surrogate mother’s own eggs are fertilized. Traditional surrogacies are legal in New Jersey, but the surrogate mother can only be compensated for her food, shelter and medical and counseling costs. The vast majority of surrogacies in New Jersey are gestational surrogacies.

The Importance of Qualified Legal Representation

New Jersey law requires surrogate mothers and intended parents to each be represented by a New Jersey adoption attorney when they enter into surrogacy contracts, but this would be advisable even if it were not a legal requirement. Qualified legal representation ensures that the agreement will be fair and legally enforceable and protect the rights of all parties involved. The entire process is far less stressful for intended parents and surrogate mothers when the negotiations are handled by lawyers. The provisions of a surrogacy contact should cover matters including:

  • The surrogate mother’s compensation and how that compensation will be modified if more than one egg is fertilized
  • The surrogate mother’s responsibility to maintain a healthy lifestyle during the pregnancy
  • Whether or not the intended parents will attend prenatal appointments and be present at the birth
  • The conditions that would necessitate the termination of the pregnancy

The Surrogacy Contract Procedure

Drafting a surrogacy contract should be a collaborative process. The initial draft of the contract is usually written by the attorney representing the intended parents and sent to the surrogate mother’s lawyer. The surrogate mother and her attorney will then discuss the terms of the agreement. If the surrogate mother is not happy with the agreement and proposes changes, her attorney and the intended parents’ attorney will negotiate until an agreement is reached that satisfies all parties.

Legal Advice and Representation for Intended Parents and Surrogates

If you are a New Jersey resident and plan to enter into a gestational surrogacy arrangement, you will need to abide by the provisions of the Gestational Carrier Agreement Act. This means that you will require the services of an experienced New Jersey adoption attorney. The law firm of Cofsky & Zeidman has over 25 years of experience in this area, and we are ready to answer any questions you have. You can call our Haddonfield office at (856) 429-5005, or you can use our online form to schedule a consultation.

The Different Costs Of Adoption

How Much Does Adoption Cost?

New Jersey adoption lawyers report that the typical cost of adoption in the state can be as much as $50,000 or more. For this reason, many people who want to add to their family in this manner believe that they simply cannot afford it. There are ways to achieve adoption even if one does not have thousands in the bank, however, and it often begins with finding a good attorney with extensive experience navigating the system.

Adoption Fees

There are three core types of adoption: foster adoption, domestic adoption and international adoption. Foster adoption involves the smallest amount of fees because the foster system covers most of the cost. Domestic adoption refers to adopting a child from the U.S. through an adoption agency. This will be more expensive, as there will be adoption agency fees involved. International adoption is, as the name implies, when you adopt a child from another country, typically through its foster care system. This will usually be more expensive than a domestic adoption because there will be both domestic and international fees.

Search Fees

If you want to adopt an infant, there will generally be search fees. These are paid to the adoption agency that matches you with a birth mother. If the agency is handling all aspects of the adoption, it will typically roll the fees into its overall fee. If you are pursuing an independent adoption, you will need to pay the consulting and advertising fees separately. Total fees often range from $3,000 to $7,000.

Birthing Parent Expenses

If adopting a newborn, you will be expected to cover the birthing mother’s expenses. That can include medical bills and some living expenses in addition to legal fees, travel expenses and counseling costs. This typically ranges from $6,000 to $8,000 for a private adoption.

Legal Fees

There is a lot that goes into an adoption, including filing court documents, negotiating with the birth mother and terminating the rights of the birth parent(s). What is often overlooked when it comes to legal fees is just how much money a good adoption attorney can save you overall.

Travel

Local adoptions usually have no significant travel costs associated with them. If adopting out of state, experts say travel costs can be around $3,000. If adopting internationally, experts suggest planning for between $6,000 and $9,000.

Home Study

Home study is required for all domestic adoptions in the U.S. The adopting parents must cover the costs for background checks, counseling and in-home observation.

Unexpected Adoption Fees

A common concern among people who want to adopt is unexpected fees that may come up suddenly when the process is already underway. Such fees generally only occur when dealing with people and organizations that do not have an ethical, child-centered approach. Avoiding this begins with choosing an experienced attorney who is going to have your best interests in mind. It is also important to deal with an established and reputable adoption agency. With this approach, you will know all the costs up front and not have to deal with any surprises.

Financing Adoption

While adoption can be expensive, there are ways to offset the burden. Those with limited budgets may want to consider fostering a child rather than adoption. It is often a significantly less expensive route and can even be free. There are adoption grants available in addition to the federal adoption tax credit. Active military personnel may be eligible for a one-time reimbursement. Many big companies offer employer-sponsored adoption programs as well. You should also speak with a New Jersey adoption lawyer or contact your local Social Services office to learn about local opportunities.

Would You Like to Adopt?

If you are interested in adoption, the law office of Cofsky & Zeidman would like to help. Attorney Donald Cofsky has personally helped more than 1,500 families adopt since joining the bar in 1974. To schedule an appointment, you can contact us online or call our Haddonfield office at (856) 429-5005 or our Woodbury office at (856) 845-2555.

Post-adoption Depression is Common

Post-Adoption Depression Affects Many Adoptive Parents

New Jersey adoption attorneys likely know that at least 10% of all adoptive parents will experience post-adoption depression (PAD). Some studies put the number much higher than that and at a rate even beyond what birth parents experience. Despite this, there is much less awareness about the issue, and it often takes adoptive parents by surprise.

What Is Post-Adoption Depression?

Postpartum depression (PPD) is a complex mixture of behavioral, emotional and physical changes that occurs in some parents after birth. It is often framed as a women’s problem, and while it occurs in women at a higher rate, PPD affects a great number of men as well. PAD is a very similar condition but one experienced by adoptive parents. There was at one point a stigma surrounding PPD. As a society, we had to break it down in order to increase awareness and support new parents. There are similar efforts underway for PPD. Adoptive parents who recognize their depression will often experience shame and other negative feelings that prevent them from getting the help they need.

PAD Takes Different Forms

Like PPD, PAD affects both women and men, and it manifests in many ways depending on the individual and on environmental factors. It can affect people who are in good health and have not grappled with mental conditions in the past. Common traits include anxiety, deep sadness and an inability to bond. Parents may also experience difficulty sleeping, which can exacerbate their PAD. The understanding of PAD among medical and mental health professions is still in its infancy. However, many experts believe that a leading cause is an emphasis on the child’s need to bond without an equal emphasis on the parent. Bonding is a dynamic process that does not occur overnight.

Preventing PAD

Awareness is an important first step. Many would-be parents adopt with no consideration that PAD is even a possibility. Experts recommend a mental health check prior to placement. It is important for every parent-to-be but particularly those that have experienced mental health challenges previously. Be honest with your doctor or therapist about what you have experienced in the past. Some adoption agencies are now requiring parents to identify professional and personal support individuals early in the process. Parents should attend counseling prior to the adoption process, during the adoption process and after it as well. Do not cease counseling just because you do not experience negative emotions right away. Continue until you have experienced the bonding and the family structure is firm.

Coping With PAD

Counseling will help with preparatory training and reading materials. Self-care is invaluable. A person must manage their stress, eat well, exercise regularly and set aside me time. If the PAD is severe, psychotherapy and medication may be necessary. Psychotherapy can include:

  • Interpersonal therapy
  • Nondirective counseling
  • Cognitive-behavioral therapy
  • Psychodynamic psychotherapy

Your therapist may also suggest a support group. It can be invaluable to socialize with people who are going through the same kind of emotional turmoil that you are.

PAD Affects the Entire Family

Experts also encourage adoptive parents to recognize that PAD is a condition that affects the entire family. If you have one parent who experiences PAD and another who does not, that other parent will be affected. It can result in negative mental health conditions in them, and they may need counseling and other support even though they are not experiencing the PAD directly. It can affect the children, particularly older children, as well. They can sense it and may feel responsible for it. A child can experience their own depression and may take on the burden of supporting the entire family.

Would You Like Professional Assistance With an Adoption?

A good adoption attorney does much more than handle the logistics and paperwork. The right attorney will help prepare you for what may come and direct you to the resources you need. At the Law Office of Cofsky & Zeidman, attorney Donald C. Cofsky has over 25 years of experience and has helped more than 1,500 families adopt. If you would like to discuss adoption with a New Jersey adoption attorney, call our main Haddonfield office at (856) 845-2555, or contact us online.

The Political Landscape of In Vitro Fertilization

In Vitro Fertilization and the Changing Political Landscape

Infertility affects millions of Americans who want to start a family. For many of these people, the path forward is an assisted reproductive technology (ART) technology, such as in vitro fertilization (IVF). IVF represents more than 99% of the ART procedures performed annually in the U.S., but the overturning of Roe v. Wade has cast doubt on whether these procedures are still legal.

What Is IVF?

IVF treatment involves a series of procedures through which pregnancy is possible. It is a treatment for infertility and also a means of preventing passing on negative genetic traits. The process involves fertilizing mature eggs with sperm in a lab. The fertilized eggs are then implanted in a female in the hopes of making her pregnant. That female may be the mother. It can also be a surrogate in cases where the mother would not be able to carry the baby to term.

Is IVF Legal?

While there are state laws that prohibit embryo research, there have historically been no state laws in the U.S. that forbid IVF. It is important to note that not all states have made IVF explicitly legal. This important particularly after the U.S. Supreme Court overturned Roe v. Wade. That allowed the triggering of state laws that were on the books but suppressed up until that point. None of those trigger laws prohibit IVF. Most were written long before IVF was a concept. However, many of them include language that may open the doors for IVF to be illegalized in those states.

The Anti-Abortion Factor

Research shows that the vast majority of Americans support IVF. Even among groups that are very conservative, support is high. Any legal ramifications to IVF have largely been collateral damage from the debate over reproductive rights at large. Republicans are broadly against abortion and fought to overturn Roe v. Wade ostensibly in order to revert rights to the state. In order to make abortion illegal, laws will often define personhood as starting at the point of conception. This is where it gets murky. Through that definition, a person is created at the moment the lab fertilizes the egg in an IVF procedure.

What Is the Debate Over IVF?

There is not much debate over IVF itself. Most Americans agree that IVF should be legal and want it protected. Among those who want abortion banned, there is concern over definitions and language. Could explicitly legalizing IVF create cracks in the laws prohibiting abortion? There are some, particularly religious conservatives, who argue that IVF is unnatural, but those people are a minority according to most major polls on the subject.

The Law to Protect Doctors

Alabama has been at the center of the IVF debate. It has some of the strictest anti-abortion laws on record. These laws include specific language, such as the destruction of extrauterine children constituting a wrongful death, that casts doubt on whether IVF is legal. The trigger laws even spurred some IVF clinics to stop operating. In response, however, Alabama’s majority-Republican state legislature passed a law that protected IVF. New Jersey adoption lawyers have noted that the law was not a perfect solution. IVF proponents argue it protects doctors too much from malpractice lawsuits and therefore puts families at greater risk.

Uncertainty for Families and Surrogates

As of 2024, there remains doubt for families in more than a dozen states. There are already fewer doctors in those states offering IVF treatment. The costs are going up, and the waiting lists are getting longer. There are also many families with embryos in storage that are unsure how to proceed. In Texas, for instance, there is fear that the state will make it illegal to destroy embryos in 2025.

Legal Advice and Representation for Families

If you live in New Jersey and are seeking to start a family through alternative means, the law firm of Cofsky & Zeidman is here to help. Donald Cofsky has many decades of experience as a New Jersey adoption lawyer as well as in ART and has helped more than 1,500 families achieve their goals. You can contact us online, or call our main office in Haddonfield at (856) 429-5005.

Some Information About Adopting a Stepchild

Adopting a Stepchild in New Jersey

When stepparents in New Jersey and around the country go through the formal adoption process, they establish secure and protected legal relationships with their stepchildren. This means that they have all the rights and responsibilities of biological parents. Adoption also ensures that all of the children in a blended family feel equal. An adopted stepchild has a right to inherit assets from their stepparent even if the latter dies intestate, and they also qualify to receive Social Security survivor benefits. There are many reasons to adopt a stepchild, but the process can be difficult.

New Jersey Adoption Laws

The law in New Jersey establishes several requirements that must be met before a stepchild adoption can be formalized. These requirements include:

  • The stepparent must be legally married to one of the stepchild’s biological parents.
  • The stepparent must be 18 years of age or older.
  • The stepparent must be at least 10 years older than the stepchild.
  • The noncustodial biological parent must either relinquish their parental rights or have had their parental rights terminated.
  • If the stepchild is 10 years of age or older, they must consent to the adoption.
  • If the stepchild is 10 years of age or older, they must attend the adoption hearing.

Obtaining Consent From the Noncustodial Biological Parent

Obtaining a noncustodial biological parent’s consent to adopt a stepchild is not always easy. Noncustodial biological parents are sometimes willing to provide consent because adoption will terminate their parental responsibilities, which means they will no longer be required to make child support payments. However, if the child’s biological parents went through a contentious divorce, consent may be withheld out of malice. In these situations, the court may decide that the noncustodial biological parent’s consent is not required.

The Best Interests of the Child Doctrine

When judges are called upon to make decisions in matters involving minor children, they follow what is known as the best interests of the child doctrine. In a stepchild adoption hearing, a judge may terminate a noncustodial biological parent’s parenting rights if they:

  • Cannot be located
  • Have abandoned the child
  • Have been convicted of child abuse or neglect
  • Engage in behavior like drug use that would place the child in jeopardy

A judge may also terminate a noncustodial biological parent’s parenting rights if none of these factors are present and if he or she believes that completing the adoption would benefit the child. Adoption hearings can be difficult for all of the parties involved, so it may be wise to have an experienced New Jersey adoption attorney advocating on your behalf if you plan to adopt a stepchild.

The Adoption background Check

Before a petition for adoption is granted in New Jersey, a background check is conducted on the adopting parent. The adopting parent’s state and federal criminal history is checked, and particular attention is paid to offenses involving children or drug or alcohol abuse. The approved agency that conducts the background check also gathers information about any domestic violence or child abuse incidents. Background checks are conducted to ensure that stepparents are fit and able to assume parenting responsibilities and provide judges with the information they need to make decisions that are in the best interests of the child.

Legal Assistance With New Jersey Adoptions

The legal process for adopting a stepchild in New Jersey can seem daunting, but the rules are necessary to protect children and parents. Cofsky & Zeidman has more than 25 years of experience in this area, and Donald Cofsky is one of New Jersey’s most respected adoption lawyers. If you would like to schedule a consultation in New Jersey to discuss adopting a stepchild, you can call our Haddonfield or Woodbury offices toll free on (856) 429-5005. You can also schedule a meeting with a New Jersey adoption attorney by completing our online form.

The New Jersey Safe Haven Infant Protection Act

How Does the New Jersey Safe Haven Infant Protection Act Work?

According to national statistics, incidents of child abandonment in public places rose by more than 60% in the 1990s. In 2007, New Jersey enacted a law to provide a safe and compassionate manner in which to relinquish a child. New Jersey adoption lawyers report that this law has saved the lives of at least 90 infants since then.

What Is Deemed to Be a Safe Haven?

The New Jersey law is designed to provide a safe haven for both the infant and the parent(s). There are women and couples, often young ones, who are confused, desperate and scared. Those emotions may lead them to rash decisions, such as leaving an infant in an unsafe place.

Rather than abandon the infant, they can bring the child to a safe haven. The baby must appear to be no more than 30 days old. No advance notice is required. The safe haven locations are available 24 hours a day, seven days a week, and a person can surrender a child with any:

  • Hospital
  • Ambulance
  • Fire station
  • Police station
  • Rescue squad

The Process Is Both Legal and Anonymous

The safe haven is not only available to parents; it is an option for anyone acting on their behalf as well. Furthermore, it is legal. There is no potential for charges against the parents or their advocates. It is also anonymous. No one has to provide any information at all. In fact, the law specifies that the person taking the baby in an official capacity cannot ask any questions. The law does ask that they provide an official questionnaire and that they stress that completing the questionnaire does not compromise anonymity or any of the legal protections. The staff may also offer medical treatment and social services as needed.

The Process Is Safe

The safe haven also gives parents and their advocates peace of mind. When you surrender a child in this manner, you do so knowing that the New Jersey Department of Children and Families (DCF) will take possession of the infant. The DCF will then take the necessary steps to place the child in a pre-adoptive or foster home.

Volunteered Information

The person dropping off the child can volunteer information, such as their name or the name of the child, but only if they choose to do so. The reason the law requires representatives not to request information is that a person gives up their right to anonymity when they provide these details. When that happens, the state is now compelled by law to search for the child’s relatives in the event they have parental rights or want to adopt.

Limits to the Legal Protection

There are limits to the legal protections that the law provides. If there is evidence of harm to the baby, the person acting in an official capacity is required to document it, seek medical treatment and involve the police. The police will then open an investigation. If, for instance, the police later determine that the person who surrendered the baby was responsible, that person would be charged and not have safe haven protection in that regard.

What If There Is a Change of Mind?

The law also established a reunification program. Anyone with parental rights to the child or who is related to the child and wants to regain or claim custody can. To do this, they can call the Safe Have Hotline at 1-877-839-2339. Note that there are limitations to how long you have to do this based on how far along the adoption process is. Parents and relatives will have at least 48 hours from the time that the infant was surrendered.

Do You Have Questions About Safe Haven Infant Protection?

Cofsky & Zeidman has many years of experience navigating adoptions and related matters in New Jersey as well as in the Philadelphia area. If you have questions concerning the Safe Haven law and your rights, we would like to help. To schedule a case review with a New Jersey adoption lawyer, call our Haddonfield office at (856) 429-5005, or contact us online.

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.

Assisted Reproduction for Breast Cancer Patients

Obtaining Assisted Reproduction as a Breast Cancer Patient

For breast cancer patients who are looking to become pregnant but are currently undergoing endocrine therapy, assisted reproduction may be an option. In 2021 alone, nearly 92,000 live births took place because of assisted reproduction. Recent studies have been performed to assess the possibility of using assisted reproduction for HR-positive breast cancer patients.

What Is Assisted Reproduction?

Assisted reproductive technology (ART) involves various techniques that can be used to treat cases of infertility. These fertility treatments are capable of handling sperm and eggs. The process typically occurs by removing the eggs from the ovaries that are then mixed with the sperm to create embryos. Once the embryos are formed, they are placed into the parent’s body. The numerous types of assisted reproduction available to prospective parents include the following:

  • In vitro fertilization (IVF)
  • Embryo transfers
  • Surrogacy arrangements
  • Artificial insemination

ART treatments can use donor sperm, donor eggs, or frozen embryos. The person who carries the embryos can be a gestational or surrogate carrier. A gestational carrier is someone who becomes pregnant with sperm from one partner and an egg from the other. In comparison, a surrogate is an individual who provides the egg, is inseminated with the sperm from one member of the couple, and then carries the resulting child.

If you have questions about the differences between a surrogate and a gestational carrier and which one may meet your needs, a New Jersey assisted reproduction lawyer may be able to provide clarification.

What Is HR-positive Breast Cancer?

HR-positive breast cancer is a common type that develops because of the hormone receptors found on breast cells. These receptors pick up the progesterone or estrogen signals that cause cell growth to occur. If the cells have receptors for one or both hormones, breast cancer is considered HR-positive. By identifying whether the tumor requires one or both hormones to grow, it becomes easier to target and treat the cancer.

The primary treatment that is administered to patients who suffer from this form of breast cancer is endocrine therapy. The purpose of this treatment is to reduce the possibility of the cancer returning. Some patients begin receiving the treatment before the surgery takes place. In most cases, the treatment must be taken for five or more years, which may impact a woman’s ability to give birth.

Initial Assisted Reproduction Study

In early December 2023, the San Antonio Breast Cancer Symposium was held among scientists and clinicians to focus on improving the diagnosis and treatment of all types of breast cancer. During the symposium, researchers presented results from the recent POSITIVE trial, which was performed to determine if assisted reproductive technologies impacted breast cancer recurrence rates for patients with HR-positive breast cancer.

Since the average age of childbearing has been increasing over the past decade, more women are being diagnosed with cancer before they have even started a family. Because of the issues that can be caused by endocrine therapy, many patients are choosing to use fertility preservation techniques before starting treatment. ART techniques are also used to increase the chances of a pregnancy. The most common fertility preservation methods involve ovarian stimulation, gonadotropin-releasing hormone analogs, and cryopreservation of ovarian tissue.

The results of the POSITIVE clinical trial indicate that patients who suffer from HR-positive breast cancer can pause their treatment for up to 24 months. During this time, the chances of breast cancer returning shouldn’t increase. The timeline after the initial 24 months remains unclear.

Details from Secondary Study

A secondary analysis was performed to study the outcomes of the POSITIVE trial. Nearly 500 people participated in this trial by pausing endocrine therapy. Just under 75% of these participants became pregnant.

The people who took part in this study used different types of assisted reproduction and fertility preservation. For example, 179 participants used oocyte or embryo preservation before taking part in the trial. Another 215 participants used ART to try to become pregnant.

During this study, researchers discovered that more than 82% of patients who took part in cryopreserved embryo transfer became pregnant. Close to 10% of patients used ovarian stimulation before cryopreservation, which didn’t result in worse disease outcomes. Around 9.7% of breast cancer patients who took part in this procedure went through breast cancer recurrence within two to three years. The rate was just under 9% among patients who didn’t undergo the procedure.

If you are considering starting a family with assisted reproduction technology, there are many moving parts to this process. From sperm donor contracts to pre-birth orders of parentage, numerous types of arrangements can be made before and during assisted reproduction. If you require legal representation, call our New Jersey adoption lawyer today at (856) 429-5005 to schedule a meeting.

Telling Your Children That They Were Born Through Assisted Reproduction

Having the Talk About Assisted Reproduction

According to some New Jersey adoption attorneys, more than 2% of infants born in the state are conceived through assisted reproductive technology. Those in the ART field expect that number to continue rising as the technologies improve and society becomes more comfortable with the approach overall. Furthermore, we are now gaining research that shows how ART affects the children later in life.

What Is Assisted Reproduction?

Assisted reproduction is a broad term, and the definition varies based on who is using it and where. Generally, it refers to any conception achieved through medical assistance involving the ovary. That includes combining ovaries and sperm in a laboratory and then returning them to a woman’s body. In some cases, the ovary is returned to the woman who provided it. In others, it is donated to another woman who will serve as the mother or surrogate mother.

In the U.S., gestational surrogacy is most common. This is where the surrogate mother has no genetic connection to the child she is carrying. Partial surrogacy is an option as well and much more common in the United Kingdom, for instance. It is also more prevalent overseas for surrogates to become part of the family. Commercial surrogates are more pervasive in the U.S. However, some families want the relationship and seek it out, and it is becoming more common here according to some experts.

Parents Worry Over Telling Children

When it comes to adoption, our society has many decades of experience and a wealth of data to fall back on. We generally know what to expect from child outcomes and the paths necessary to achieve positive ones. This is not yet the case with ART. It is only recently that we have access to studies involving many children who were achieved through ART and have now progressed into adulthood.

One of the chief concerns that parents and others have had is when should you tell a child that they were conceived through ART? Not only when should you tell them, but how much should you disclose?

Telling Children Early Helps

A 2023 study published in the journal Developmental Psychology followed 65 children. Of that group, 22 were born via surrogacy, 26 by sperm donation and 17 through egg donation. Researchers met with the children at age 1, 2, 3, 7, 10 and 14. What they found at age 3 did not come as a surprise. This is the point when children become curious about babies. They want to understand why they are here.

The data also showed that children who were told before age 7 reported better relationships with their mothers throughout their lives. When asked when they learned about the assisted reproduction, the children in this group responded that they always knew. This means that they grew up with the information and never had to experience the shock or surprise that could undermine trust.

Children who were born through surrogacy and made aware of it did tend to experience relationship issues around age 7. At this point, their mental advancement was allowing them to grapple with the concept of surrogacy. But when the researchers returned at age 10, those issues had disappeared in all cases.

Children Want to Be Wanted

One of the things the researchers found was that the assisted reproduction became even more of a positive as the children aged. The children knew they were wanted. This was important to them above all else, and they talked to the researchers about it a great deal.

Legal Representation for Assisted Reproduction

The Law Office of Cofsky & Zeidman has more than 25 years of experience helping families. That includes navigating the many wonderful varieties of assisted reproduction that help people realize their dreams of starting a family. We provide initial consultations without charge or obligation. If you’re ready to begin this journey or already underway, have your case reviewed by a seasoned New Jersey adoption attorney. To set up that appointment, call our Haddonfield office at (856) 429-5005 or our Woodbury location at (856) 845-2555, or contact us online.

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