Assisted Reproductive Technology

Conception After Death? Here is What You Need to Know

Published on: August 29, 2018 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Who pays for the children’s health insurance and co-pays?”

If you asked someone 20 years ago if there would ever be a possibility of a woman conceiving a baby with her spouse who is deceased, you would have likely gotten a blank stare of disbelief. 20 years ago this was not possible, but through increases in technology and conception methods, the possibility of conceiving a child after the death of a spouse is possible through In Vitro Fertilization (IVF). In the estate planning world, this type of situation, a child born after the death of one of the parents, would be called an “after born child.” There are may legal considerations that must be noted when there is the potential for an after born child.

Arizona Considers New Law Regarding Frozen Embryos

Published on: March 14, 2018 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Who pays for the children’s health insurance and co-pays?”

It is clear that the rules surrounding the use of frozen embryos created as part of the in vitro fertilization, or IVF process are confusing. Couples often wonder whether agreements made prior to undergoing IVF will be deemed enforceable or whether they will instead be forced to fight it out in court with their ex-spouse over ownership of the frozen embryos. A recent series of legal events in Arizona further throws the issue into doubt, raising real questions for those considering IVF in the state.

Iowa Supreme Court Resolves Case Concerning Surrogacy Contracts

Published on: February 21, 2018 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What children’s expenses are covered by child support?”

The desire to have a child of your own is a powerful one for many people. Though most are able to do so easily, there are many couples who cannot. Either due to age or infertility, it is not always an option to simply go out and have your own biological child. It is for this reason that some couples begin considering alternatives, including hiring a surrogate. Those who go down this road are required to put great faith in not only the woman chosen to act as a surrogate, but also in the legal system to ensure their rights are protected.

NC Changes Birth Certificate Policy; All Children Born to Same-Sex Spouses Can Now Have Both Parents Listed

Published on: November 24, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Can any attorney help me with my family law needs in North Carolina?”

The same-sex couple who sued the N.C. Department of Health and Human Services in 2015 has settled their case after state officials agreed to change North Carolina’s policy on birth certificates, which until now would not permit children born to married lesbian couples to amend the birth certificates to include both parents’ names.

California Family Law Case Could Set Standard For Dealing With Frozen Embryos

Published on: September 22, 2015 | On behalf of Arnold & Smith, PLLC

Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What can I do to gain custody of my child in North Carolina?”

A sad and legally complex divorce case out of California is set to be resolved in the coming months. Though divorce cases are hardly novel, this one may end up blazing an important trail as experts believe the judge could lay down rules for how cases involving frozen embryos will be decided. The issue has appeared across the country, but the results have been largely unpredictable. The hope among many is that this case may provide a path forward, clearly outlining how these thorny issues are to be dealt with.

Facebook sperm donor serves as reminder of the health and legal complications that may result from bypassing professional assistance

Published on: July 27, 2015 | On behalf of Arnold & Smith, PLLC

Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What rules are there for Father’s Right in NC?”

In a viral story out of the UK, a 26-year-old sperm donor has used Facebook to father 10 children from nine different women. In 2014, Kenzie Kilpatrick created a Facebook page offering sperm donations to women wanting to have a baby. So far, his donations have yielded seven children, with three more due within the next month.

Battles over embryos highlight courts’ struggles in dealing with in-vitro fertilization

Published on: May 5, 2015 | On behalf of Arnold & Smith, PLLC

Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What rules are there for Father’s Right in NC?”

A Hollywood starlet’s ex-flame has sued to prevent the destruction of embryos the couple created through in-vitro fertilization.

Woman finds love, family after tracking down anonymous sperm donor

Published on: November 4, 2014 | On behalf of Arnold & Smith, PLLC

Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “Who pays for the children’s health insurance and co-pays?”

An Australian woman has found love with a man who anonymously donated sperm that the woman used to conceive her young daughter.

The woman lost two infant boys to the same rare genetic disorder but found that her third attempt at parenthood was charmed. The woman—42-year-old Aminah Hart—told the Daily Mail that she felt time running out on her chances at motherhood.

Those chances were further diminished by the one-in-four chance that her third child would be afflicted with x-linked myotubular myopathy, a condition that affects muscles used for movement and which almost always afflicts boys.

Hart’s first son, Marlon, died aged four months in 2010 of the disorder. A second son, Louis, survived to just 14 months. Doctors were not able to diagnose the rare genetic condition until after Louis’ death. Hart’s marriage to Marlon’s father ended after the infant’s death, as did her relationship with Louis’ father.

So the third time around, Ms. Hart decided to use an anonymous sperm donor to conceive. She said she was given three cards listing vital statistics of donors. These profiles included the donors’ age, body build, hair color, interests and professional occupations. They did not include a photo.

Child Custody Lawyers in Charlotte, Mecklenburg County, North Carolina :: Custody Fight Revolves Around Whether Woman is Mom or Merely Surrogate

Published on: October 30, 2012 | On behalf of Arnold & Smith, PLLC

As many people realize, whether you’re part of a traditional marriage, in a same-sex relationship or a single person who has always wanted a kid, there are now many more options than there used to be for raising children. One option that has been utilized by those who have had trouble conceiving is in vitro fertilization. However, a recent child custody and surrogacy case that’s grabbed national headlines might have some couples questioning the process and raise concerns for those that have used it in the past.

The case involves a 48-year-old single woman who wanted a child. She found a male friend who was also interested in having a kid and they concocted a plan that would allow them to have a child together, platonically. The male friend agreed to pay for in vitro using his sperm and a donor egg that the woman would then carry to term. Everything went smoothly and the woman gave birth to healthy twins over the summer. Almost the moment after she had given birth the problems started. Apparently the man had different intentions than those discussed with his friend. A social worker appeared in the hospital room to discuss the “surrogacy situation,” a phrase that shocked the woman who believed she was the children’s mother.

The woman says that her friend, whom she only then realized was gay, had evidently been planning to raise the children with his male partner, not the woman who had carried them. While the woman was still hospitalized recovering from the birth, her friend had filed a lawsuit claiming that because the woman had no genetic ties to the children she should be stripped of any custody or visitation rights.

Right now the woman is allowed to see her children only two hours a day, six days a week. However, the battle is not over. The woman feels like her children that she worked so hard to have were stolen from her and her custody fight continues.