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Adoption and Reproductive Technology Law in Massachusetts

Seasoned guidance on sensitive legal issues

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  • Product Number: 2180559B02
  • Publication Date: 7/16/2018
  • Edition: 2nd Edition 2018
  • Copyright: © 2018 MCLE, Inc.
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  • Product Description
  • Table of Contents
  • Editors & Authors
  • Product Description

    Product Description

    A comprehensive guide to the complex and fast-changing areas of adoption and reproductive technology law. Practical, step-by-step treatment of each topic guides practitioners through procedures such as consents to adoption, petitions to dispense with consent of a birth parent, determinations of parentage, petitions for adoption and agreements for gamete donation or surrogacy.

    Recent updates:

    • Update: July 2018

      Dear Subscriber:

      Thank you for updating your library with the 2018 edition of Adoption and Reproductive Technology Law in Massachusetts. Highlights include

      • Supreme Judicial Court cases concluding that
        • the intended parents in a gestational carrier arrangement could obtain a prebirth order establishing their parental rights;
        • a nonbiological mother who, with the biological mother, held herself out as the parent of two children born into the relationship could establish herself as a full legal parent under G.L. c. 209C;
        • there is a right to appointed counsel for indigent birth parents in private adoption proceedings initiated by prospective adoptive parents pursuant to G.L. c. 210, § 6;
        • a married woman conceiving a child through in vitro fertilization and her consenting same-sex spouse were the childs only lawful parents, and the sperm donor was not entitled to notice; and
        • children conceived using the preserved sperm of the mothers deceased husband may have inheritance rights;
      • developments in international adoption, including the Child Citizenship Act, the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, the Intercountry Adoption Universal Accreditation Act, and the Accuracy for Adoptees Act;
      • pending legislation that would address developing issues in assisted reproductive technology;
      • application of Supreme Judicial Court and U.S. Supreme Court cases affirming the marriage rights of same-sex couples;
      • adoption of the Massachusetts Uniform Probate Code and amendments to the Massachusetts Rules of Professional Conduct; and
      • updated judicial commentary and court forms.

      We trust you will find this edition of Adoption and Reproductive Technology Law in Massachusetts an invaluable resource for your practice.

      Cordially,

      John M. Lawlor, MCLE Publications Attorney

  • Table of Contents

    Table of Contents

    expand all
    Chapter 1 expand

    The Adoption Process: An Overview of Uncontested Adoption in Massachusetts

    Buy Chapter
    Elizabeth S. March, Esq., Kauffman Law & Mediation
    Lisa J. Marino, Esq., Wilson, Marino & Bonnevie, PC

    Exhibit 1A

    - Adoption Surrender and Consent Buy Form

    Exhibit 1B

    - Petition to Dispense with Parental Consent Buy Form

    Exhibit 1C

    - Petition for Adoption and Affidavit of Petitioner(s) Buy Form

    Exhibit 1D

    - Citation and Order of Notice Buy Form

    Exhibit 1E

    - Voluntary Acknowledgment of Parentage Buy Form

    Exhibit 1F

    - CARI Request Form Buy Form

    Exhibit 1G

    - Affidavit Disclosing Care or Custody Proceedings Buy Form
    Chapter 2 expand

    Representing Persons Adopting Within the Child Welfare System

    Buy Chapter
    Vance W. Hall, Esq., Department of Children and Families, Commonwealth of Massachusetts
    Chapter 3 expand

    Domestic Infant Adoption in Massachusetts

    Buy Chapter
    Elizabeth S. March, Esq., Kauffman Law & Mediation
    Lisa J. Marino, Esq., Wilson, Marino & Bonnevie, PC

    Exhibit 3A

    - Sample Jurisdictional Statement Buy Form

    Exhibit 3B

    - Interstate Compact Placement Request (Form ICPC-100A) Buy Form

    Exhibit 3C

    - Sample Legal Opinion Letter for ICPC Purposes Buy Form

    Exhibit 3D

    - Sample Letter Concerning Membership in Tribe Buy Form

    Exhibit 3E

    - IRS Form W-7A Buy Form

    Exhibit 3F

    - Sample Affidavit Regarding Indian Ancestry Buy Form

    Exhibit 3G

    - References Buy Form
    Chapter 4 expand

    International Adoption in Massachusetts

    Buy Chapter
    Daniel H. Berger, Esq., Curran & Berger LLP

    Checklist 4.1

    - General Overview of the Hague Convention Pathway to Permanent Residence Buy Form

    Exhibit 4A

    - Form N-600K Buy Form

    Exhibit 4B

    - Form I-130 Buy Form

    Exhibit 4C

    - Form N-600 Buy Form

    Exhibit 4D

    - Form I-912 Buy Form
    Chapter 5 expand

    Same-Sex Coparent Adoptions

    Buy Chapter
    Joyce Kauffman, Esq., Kauffman Law & Mediation

    Exhibit 5A

    - Massachusetts Department of Children and Families Federal and Central Registers of Missing Children Search Request (OAS 301, Rev. 7/08) Buy Form

    Exhibit 5B

    - Parent’s Release and Consent to Adoption (Surrender) Buy Form

    Exhibit 5C

    - Sample Motion to Waive Six-Month Residency Requirement and Proposed Order Buy Form

    Exhibit 5D

    - Sample Motion to Waive Notice Requirements (Married Couples) and Proposed Order Buy Form

    Exhibit 5E

    - Sample Affidavit in Support of Motion to Waive Notice Requirements (Married Couples) Buy Form

    Exhibit 5F

    - Sample Motion to Waive Notice Requirements (Unmarried Couples) and Proposed Order Buy Form

    Exhibit 5G

    - Sample Affidavits in Support of Motion to Waive Notice Requirements (Unmarried Couples) Buy Form

    Exhibit 5H

    - Sample Motion to Waive Home Study, Search of Federal and Central Registers of Missing Children, and Notice to the Department of Children and Families and Proposed Order (Married Couples) Buy Form

    Exhibit 5I

    - Sample Affidavit in Support of Motion to Waive Home Study, Search of Federal and Central Registers of Missing Children, and Notice to the Department of Children and Families Buy Form

    Exhibit 5J

    - Sample Decree of Adoption—CJ P95 (6/99) Buy Form
    Chapter 6 expand

    Birth Fathers and Mothers: Establishing Parentage and Dispensing with Rights

    Buy Chapter
    Elizabeth S. March, Esq., Kauffman Law & Mediation
    Lisa J. Marino, Esq., Wilson, Marino & Bonnevie, PC

    Exhibit 6A

    - Voluntary Acknowledgment of Parentage Buy Form

    Exhibit 6B

    - Affidavit of Denial of Paternity Buy Form

    Exhibit 6C

    - Complaint to Establish Paternity Pursuant to G.L. c. 215, § 6 Buy Form

    Exhibit 6D

    - Public Assistance Affidavit Buy Form

    Exhibit 6E

    - Financial Statement (Short Form) Buy Form

    Exhibit 6F

    - Child Support Guidelines Worksheet Buy Form

    Exhibit 6G

    - Plaintiff’s Motion for Genetic Marker Testing Buy Form

    Exhibit 6H

    - Plaintiff’s Affidavit in Support of Genetic Marker Testing Buy Form

    Exhibit 6I

    - Affidavit of Indigency and Request for Waiver, Substitution, or State Payment of Fees and Costs and Supplement to the Affidavit of Indigency Buy Form

    Exhibit 6J

    - Domestic Relations Summons Buy Form

    Exhibit 6K

    - Complaint to Establish Paternity Buy Form

    Exhibit 6L

    - Citation (G.L. c. 210, § 6) Buy Form

    Exhibit 6M

    - Affidavit of Consent to Adoption Buy Form

    Exhibit 6N

    - Order by the Court Issuing the Adoption Decree Approving an Agreement for Postadoption Contact or Communication Pursuant to G.L. c. 210, § 6C Buy Form

    Exhibit 6O

    - Order by the Court Issuing the Termination Decree Approving an Agreement for Postadoption Contact or Communication Pursuant to G.L. c. 210, § 6C Buy Form
    Chapter 7 expand

    Adoption Representation and Litigation

    Buy Chapter
    Karen K. Greenberg, Esq., Konowitz & Greenberg
    Chapter 8 expand

    Understanding the Medical Procedures and Terminology Surrounding Reproductive Technology

    Buy Chapter

    Exhibit 8A

    - Common Acronyms in Reproductive Technology Buy Form

    Exhibit 8B

    - Sixteen Ways to Make a Baby Buy Form

    Exhibit 8C

    - Ultrasound-Directed Egg Collection (with Close-up of Needle Within Ovarian Follicle) Buy Form

    Exhibit 8D

    - Fertilized Egg Surrounded by Cumulus Cells Buy Form

    Exhibit 8E

    - Embryo Transfer Performed in Retroverted (Backward Tilting) Uterus Buy Form

    Exhibit 8F

    - Performance of GIFT Procedure (with Close-up of Catheter Flushing Sperm and Eggs into Fallopian Tube) Buy Form

    Exhibit 8G

    - POST Procedure Buy Form

    Exhibit 8H

    - Types of Artificial Insemination Buy Form

    Exhibit 8I

    - Transuterine Intrafallopian Tube Insemination (TIFI) Buy Form

    Exhibit 8J

    - Direct Intraperitoneal Insemination Buy Form

    Exhibit 8K

    - Intracytoplasmic Sperm Injection (ICSI) Buy Form

    Exhibit 8L

    - References Buy Form
    Chapter 9 expand

    Parentage Issues and the State of the Law on Gamete Donation and Egg Banks

    Buy Chapter
    Kathleen A. DeLisle, Esq., Nichols & Delisle, P.C.
    Chapter 10 expand

    Embryo Law

    Buy Chapter
    Christine Marie Hanisco, Esq., The Stein Law Firm PLLC
    Chapter 11 expand

    Surrogacy and Gestational Carrier Arrangements in Massachusetts

    Buy Chapter
    Leslie Rachael Lightholder, Esq., Nichols, Delisle & Lightholder, PC

    Exhibit 11A

    - Sample Equity Complaint to Establish Legal Parentage Buy Form

    Exhibit 11B

    - Parent Worksheet for Birth Certificates Buy Form

    Exhibit 11C

    - Gestational Carrier Worksheet Buy Form

    Exhibit 11D

    - Voluntary Acknowledgment of Parentage Buy Form

    Exhibit 11E

    - Affidavit of Nonpaternity Buy Form

    Exhibit 11F

    - Surrender of Parental Rights Form Buy Form

    Exhibit 11G

    - Sample Motion to Waive Home Study, Notice to the Department of Children and Families, and Six-Month Residency Requirement Buy Form
    Chapter 12 expand

    Choices and Challenges: The Psychosocial Aspects of the New Reproductive Technologies

    Buy Chapter
    Kate Weldon LeBlanc, RESOLVE New England
    Chapter 13 expand

    Inheritance and Estate Planning Issues for Adoptive and Reproductive Technology–Assisted Families

    Buy Chapter
    Scott E. Squillace, Esq., Squillace & Associates, PC

    Exhibit 13A

    - Statement of Governing Law Buy Form

    Exhibit 13B

    - Sample Language Regarding Issue Buy Form

    Exhibit 13C

    - Rule Against Perpetuities Clause Buy Form

    Exhibit 13D

    - Sample Language to Include Children Born as a Result of a Surrogacy Arrangement as Issue of the Intended Parents Buy Form

    Exhibit 13E

    - Guardianship Nomination Provisions Buy Form
  • Editors & Authors

    Editor(s)

    Lisa J. Marino, Esq., Wilson, Marino & Bonnevie, PC, Newton

    Judicial Commentator(s)

    Author(s)

    Daniel H. Berger, Esq., Curran & Berger LLP, Northampton
    Kathleen A. DeLisle, Esq., Nichols & Delisle, P.C. , Southborough
    Karen K. Greenberg, Esq., Konowitz & Greenberg, Wellesley Hills
    Vance W. Hall, Esq., Department of Children and Families, Commonwealth of Massachusetts, Arlington
    Christine Marie Hanisco, Esq., The Stein Law Firm PLLC, Concord
    Joyce Kauffman, Esq., Kauffman Law & Mediation, Roslindale
    Leslie Rachael Lightholder, Esq., Nichols, Delisle & Lightholder, PC, Southborough
    Elizabeth S. March, Esq., Kauffman Law & Mediation, Newtonville
    Scott E. Squillace, Esq., Squillace & Associates, PC, Boston
    Kate Weldon LeBlanc, RESOLVE New England, Waltham