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Gevurtz Menashe

PDX 503.227.1515
WA 360.823.0410

Adoption, IVF, & Surrogacy

Family Law
Whether you are exploring the adoption, IVF or surrogacy process, a family law attorney can help navigate the laws and regulations around all family planning processes in Oregon and Washington. We believe it’s important to have a legal professional guide the process with an objective, yet compassionate perspective. You and your family are important, and should be well represented to ensure nothing stands between you and your ability to welcome home a new member. Gevurtz Menashe attorneys have helped guide families through the adoption and family planning process for over 30 years. We are here to help. Contact us today to schedule a consultation.

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Family Planning Through Adoption, IVF, & Surrogacy

We will work with you to ensure you and your family’s best interests are protected. There are many potential roadblocks and challenges on the path to adoption, but the end result is always worth it. In the case of a private adoption, an attorney can act as a mediator, establishing communication between both families to make sure that everyone understands and really agrees to the terms of the adoption. An attorney can ensure all concerns are resolved to everyone's best benefit.

Understanding The Adoption Process

Children need the love, nurturing and security of great parents to develop into mature adults. Whether you’ve struggled with infertility, or have the desire to make a difference in the life a child without parents, adopting a child can be very rewarding. While exploring adoption and family planning, it’s common to have many questions about the process such as the differences between a facilitator or an agency, what does the home study process look like? How does the placement work? Gevurtz Menashe family law attorneys are here to help through every step of the process.

In Oregon and Washington, the adoption process may consist of a home study conducted by an adoption agency, an open adoption contract, state and federal guidelines, and private negotiations and stipulations. In the case of a private adoption, the family of the child may have their own requirements and may need to be negotiated. A well-written adoption contract is important to arranging a private adoption.

 

Adoption Laws in Oregon and Washington

Adoption laws vary from state to state. In Washington, a birth mother and father must wait 48 hours after birth to sign consent for the adoption. Oregon allows the birth parents to sign consent forms immediately after birth. There are also differences between the states regarding medical expenses. While Washington has no statute regarding how adoptive parents pay for the birth, Oregon requires a full accounting of all expenses paid by the adoptive parents.

International adoption can present even further challenges, as the customs, laws, and regulations surrounding adoption differ across international borders. A family law attorney can help you navigate these complex immigration issues, and your Gevurtz Menashe lawyer can work with an immigration lawyer to be sure those issues are properly addressed.

An experienced adoption attorney will be aware of the differences and help guide an adoption process that involves more than one state. Once the adoption process has been completed, a Gevurtz Menashe estate planning attorney helps ensure that your new child is part of your family legacy and taken of if something unexpected should happen to you.

IVF & Surrogacy laws in Oregon & Washington

Many people desire to have children, but simply can’t conceive for one reason or another. Alternative family creation methods are becoming increasingly popular and anyone considering IVF, adoption, surrogacy, or sperm or egg donation will benefit from hiring a lawyer who is experienced in reproductive law.

IVF is a first line treatment for many of the conditions that cause infertility. It is an accepted medical procedure and thousands of healthy babies have been born as a result of in vitro fertilization. Most reproductive health clinics will use a standard contract for the IVF process, prepared by its own lawyers, with language that transfers ownership of all eggs retrieved from the donor (and subsequent embryos) at the time of retrieval; fairly straightforward.  However, in most states including Oregon and Washington, both eggs and embryos are considered property. As such, the usual laws which apply to transfer of property apply—therefore, without an agreement in place can ultimately be decided upon by a judge should the marriage end, by either death or divorce.  Read more about that when we argued Dahl vs. Angle at The Court of Appeals of the State of Oregon in 2008.

With Surrogacy, a surrogate agrees to become pregnant for the purpose of giving the child to another individual or couple. Parties to a surrogate arrangement typically enter into a surrogacy contract/agreement which details the terms of the process including costs. It is critical that the adoptive parents and surrogate sign a legal contract outlining the responsibilities and obligations of each party. Surrogacy laws vary widely between states and can be extremely complicated. A lawyer experienced in reproductive law can help guide you through the process. 

Contact Gevurtz Menashe for Family Planning Legal Help

Whether you are considering IVF, surrogacy, or adopting through an independent party, an agency, or through the state, it is important to work with a qualified attorney to understand the expectations, legal process, agreements and costs associated with the process. At Gevurtz Menashe, our attorneys have experience representing adoptive, surrogate and birth parents.  Call our Portland offices at 503-227-1515, our Vancouver office at 360-823-0410 or contact us to schedule a consultation today.
 

Call our Portland, OR offices at: 503-227-1515
and our Vancouver, WA office at 360-823-0410
or contact us to request a consultation.