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The Complete Adoption and Fertility Legal Guide

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The Wait Is Finally Over...

Whether you are thinking about adopting a child or using reproductive treatments to become pregnant, The Complete Adoption and Fertility Legal Guide explains your options, gives you the steps to take to protect your decision and hands you the power to make it happen.

Every year assisted reproduction becomes more common as new reproductive technologies are added to the list of possible choices. Proven procedures and ...

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Complete Adoption and Fertility Legal Guide

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Overview

The Wait Is Finally Over...

Whether you are thinking about adopting a child or using reproductive treatments to become pregnant, The Complete Adoption and Fertility Legal Guide explains your options, gives you the steps to take to protect your decision and hands you the power to make it happen.

Every year assisted reproduction becomes more common as new reproductive technologies are added to the list of possible choices. Proven procedures and emerging technologies are discussed with answers to questions like:

- What should you do to prevent a sperm or egg donor from later claiming custody of your child?
- Why does a surrogate's husband need to be a party to the contract?
- How can a surrogacy contract help you spot potential problems?
- What steps should you take for the disposition of frozen genetic material?

The procedures for all types of adoptions are covered, as well as the agreements, required notices and documentation needed to support your decision. Learn more about:

- Protecting against a birth father from claiming paternity
- When birth parents can revoke their consent to the adoption
- Your rights as a gay or lesbian couple to adopt
- Why you have to readopt a child adopted internationally

Make the Decision that is Right for You.

This book offers couples and singles all the information they need to navigate the complicated and emotional territory facing those who wish to become families using adoption or assisted reproduction.

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Editorial Reviews

Library Journal
Attorney Sember manages to addressalbeit in a glancing fashionthe major areas of adoption, both legal and emotional. It's all here, from decisions, procedures, and child rearing tips to second-parent, kinship, domestic agency, international, parent-facilitated, single-parent, and gay and lesbian adoptions. Sember also covers fertility options, including insemination, egg and embryo donation, cryopreservation, and other emerging technologies, evaluating each pointedly and accurately. Best of all are the handy one-page charts that weigh the pros and cons of various decisions regarding fertility and adoptions. The appendixes include suggestions, organizations, forms, and contact information for state offices. Highly recommended for all public libraries. Copyright 2004 Reed Business Information.
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Product Details

  • ISBN-13: 9781572483736
  • Publisher: Sourcebooks, Incorporated
  • Publication date: 6/1/2004
  • Pages: 368
  • Product dimensions: 6.00 (w) x 9.00 (h) x 0.74 (d)

Meet the Author

Brette McWhorter Sember is a former New York state attorney and skilled mediator. She was on the Law Guardian panel in four counties and acted as a volunteer mediator for the Better Business Bureau. Sember is an expert at explaining and simplifying legal concepts. She has written more than 30 books, including File for Divorce in New York, Tenant's Rights in New York, Landlord's Rights in New York, The Complete Legal Guide to Senior Care, The Complete Credit Repair Kit, The Infertility Answer Book, The Adoption Answer Book, How to Parent with Your Ex, Gay & Lesbian Legal Rights, How to Form a Corporation in New York, Child Custody, Visitation, and Support in New York, Seniors' Rights and many more. Her web site is www.BretteSember.com.
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Read an Excerpt

Pros and Cons of Domestic vs. International Adoption

Excerpted from Complete Adoption and Fertility Guide by Brette McWhorter Sember ©2004

Choosing between adopting a child within the United States or from another country is a common dilemma faced by potential adoptive parents. With domestic adoptions, it is generally easier to adopt a younger and possibly more healthy child than it is to adopt from another country. However, international adoptions tend to be quicker and can be less costly.

The following two lists identify the pros and cons to each option. Choose the path that is most comfortable for you and your family.

Domestic Adoption

Pros:
? It is easier to adopt a newborn.
? The child is usually healthy and developmental delays are limited.
? You can obtain complete medical records for the baby.
? You can obtain complete family medical history.
? Everything is conducted in English.
? You may be able to meet or have contact with the birth parents.
? The agency you are working with may be the one the child is placed through (which can simplify things).
? As complicated as the adoption process is, it is done only using the laws of this country and the requirements are very clear.

Cons:
? These adoptions generally take a year or longer.
? You may have to wait longer to get a newborn.
? You may have to deal with a birth mother who could change her mind after the baby is born.
? Your child may be able to one day meet and know the birth parents.
? You may have to meet a birth mother's selection criteria.

International Adoption

Pros:
? These adoptions generally happen more quickly.
? There is no shortage of children available.
? The cost of the adoption is usually less than with domestic adoption.
? You gain not only a child but an entire culture that becomes part of your family.

Cons:
? The child you adopt is usually no younger than 3 or 4 months old (newborns are not available because of the way the process works).
? Children may not be in good health and may have developmental delays.
? You may get little or no medical information about your child or his or her family.
? You will have the added expense of travel.
? The red tape you may need to deal with in your child's country of origin may be extensive.

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Table of Contents

Introduction -

SECTION I: ADOPTION
Chapter 1: Understanding Adoption
-Legal Effects
-Birth Parents' Rights and Roles
-Extended Birth Family
-Legal Process
-Making the Decision to Adopt
-Preparing for the Adoption Rollercoaster
-Preparing for the Future

Chapter 2: Adoption Decisions -
-Open versus Closed Adoption
-Domestic versus International Adoption
-Agency versus Private Adoption
-Finding and Choosing an Agency
-Finding and Choosing an Attorney
-Facilitators
-Affording Adoption
-Agency Evaluation Questionaire
-Attorney Evaluation Questionaire

Chapter 3: Adoption Procedures
-Home Studies
-Consent
-No Consent Needed
-Notice
-Timing of Consent
-Consent Procedures
-Revocation
-Adoption Court Procedures
-Postplacement
-Birth Certificates
-Adoption Financial Credits
-Family Leave
-Insurance and Planning for the Future

Chapter 4: Second-Parent Adoption
-Deciding to Adopt a Stepchild
-Qualifications to Adopt
-Notice or Consent
-Preadoption Procedures
-Second-Parent Adoption Process

Chapter 5: Kinship Adoption -
-Types of Kinship Adoptions
-Adoption versus Guardianship
-Custody versus Adoption
-Adoption versus Foster Care
-Notice and Consent
-Kinship Agreements
-Agency Involvement
-Court Proceedings
-Finalization
-Support

Chapter 6: Domestic Agency Adoption
-Public Agencies
-Agency Liability
-Private Agency Adoption
-Interstate Issues
-Ethnic Concerns

Chapter 7: International Adoption
-Choosing an Agency
-Choosing a Country
-Choosing a Child
-Dealing with Paperwork
-The Process
-Dealing with Immigration
-Citizenship
-Readoption
-Changes in Adoption Law
-International Agency Questionaire
-
Chapter 8: Parent-Facilitated Adoption
-Adopting Independently with an Agency
-How to Find a Birth Mother
-Facilitator
-Advertising
-Choosing a Birth Mother
-Contact with Birth Mother
-Payments
-Counseling
-Waiting for Your Child to be Born
-Paperwork
-Adjustment Period
-Choosing a Facilitator Questionaire
-Potential Birth Mother Questionaire

Chapter 9: Adult Adoption
-Evaluating the Need for Adult Adoption
-Restrictions
-Consent
-Legal Procedure
-Effect of Adult Adoption

Chapter 10: Single-Parent Adoption -
-Considerations for Single-Parent Adoption
-Bias against Single Parents
-Home Studies
-Laws Governing Single-Parent Adoption
-Protecting Your Family
-Raising Your Child

Chapter 11: Gay and Lesbian Adoption -
-Single-Parent Adoption
-Second-Parent Adoption
-Couple Adoption
-International Adoption
-Finding Gay-Friendly Adoption Agencies
-Raising an Adoptive Child

Chapter 12: Coping with Adoption -
-Dealing with Reactions to Adoption
-Dealing with Others Involved in Your Case
-Dealing with the Waiting
-Dealing with Doubts
-Changing Your Mind
-Bonding with an Adopted Child
-Dealing with Adoption Disappointments

Chapter 13: Raising an Adopted Child -
-Celebrating Your Adoption
-Breastfeeding an Adopted Infant
-Talking to Your Biological Children about Adoption
-Raising Biological and Adopted Siblings
-Talking to Your Child about His or Her Adoption
-Keeping an Adoption a Secret
-Cultural Heritage
-Medical Issues
-Post Adoption Support
-Finding Birth Parents

SECTION II: ASSISTED REPRODUCTION
Chapter 14: Understanding & Evaluating Reproductive Technologies -
-Understanding Your Condition
-What Technology Can Do for You
-What Technology Cannot Do for You
-Understanding Terminology
-Finding Medical Professionals You are Comfortable With
-Success Rates
-Your Right to ART
-Initial Visit
-Setting Limits
-Privacy
-Coping with the Medical and Clinical World
-Your Rights as an ART Patient
-Making Time for ART
-Coping with ART
-Weighing Technology against Adoption
-Weighing the Use of Donors
-Ethical Considerations
-Financial Issues
-Singles and Assisted Reproduction
-HIV and Assisted Reproduction
-Being Gay and Using Assisted Reproduction
-Dealing with Risks
-Fertility Specialist Questionaire

Chapter 15: Insemination
-Laws
-Types of Sperm Donors
-Legal Parents
-Future Considerations
-Choosing a Sperm Bank Questionaire

Chapter 16: Egg Donation
-Finding a Donor
-Donation Process
-Cost
-Agreement
-State Laws
-Legal Rights
-Future Contact with the Donor
-Choosing a Clinic Questionaire

Chapter 17: Embryo Donation
-Finding a Donor
-State Laws
-Cost
-Agreement
-Issues
-Privacy
-Clinic Evaluation Questionaire

Chapter 18: Surrogacy -
-Laws Concerning Surrogacy
-The Legal Process of Surrogacy
-California Procedure
-Surrogacy Programs
-Finding a Surrogate on Your Own
-Surrogacy Agreements
-Payment Issues
-Insurance Coverage
-Problems with Surrogacy
-Other Steps to Protect Yourself
-Choosing a Surrogacy Program Questionaire
-
Chapter 19: Emerging Technologies -
-Nuclear Transfer
-In Vitro Maturation
-Cytoplasmic Transfer
-Cloning

Chapter 20: Cryopreservation
-Contract
-Cost
-Divorce
-Death of a Parent

Chapter 21: Raising an ART Child -
-Explaining Things to Your Child
-Coping with Other People
-Medical Information
-Helping Your Child Locate His or Her Donors or Surrogates

Epilogue

Glossary

Appendix A: Resources -

Appendix B: State Offices for Adoption Services -

Appendix C: Forms -

Index -

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