indianafamilylawyerblog.comIndiana Family Lawyer Blog — Published by Indiana Family Attorney — Harden Jackson, LLC

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Title:Indiana Family Lawyer Blog — Published by Indiana Family Attorney — Harden Jackson, LLC

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Indiana Family Lawyer Blog — Published by Indiana Family Attorney — Harden Jackson, LLC Contact Us to Schedule a Consultation: (317) 569-0770 Tap Here To Call Us Indiana Family Lawyer Blog Published By Harden Jackson LLC Navigation Home Website Attorney Profiles Practice Areas Contact Us Read more about Lanae Read more about Michele April 3, 2017 Katherine Schwartz Featured in The McKinney Lawyer Magazine by Harden Jackson, LLC Our very own, attorney Katherine Schwartz (formerly Voskoboynik), is featured in the latest version of The McKinney Lawyer (the Indiana University Robert H. McKinney School of Law alumni magazine) as a co-recipient of the 2015-2016 Outstanding Clinical Student award for her work in the law school’s Health and Human Rights Clinic. Her main project in the Clinic involved crafting a report on access to dialysis treatment for undocumented immigrants in Indiana. You can read more about Katherine and her award on page 22 – 23 of the online magazine, linked here: https://mckinneylaw.iu.edu/alumni-donors/alumni-magazines/2017winter.pdf The attorneys of Harden Jackson Law are devoted to servicing clients throughout the Indianapolis area and the state of Indiana in all areas family law, including divorce, custody, child support, property division, paternity, post-divorce modifications, prenuptial and postnuptial agreements, simple wills, adoption, surrogacy and other areas of assisted reproductive technology law. For more information, please contact us at 317.569.0770 or www.hardenjacksonlaw.com. Remember, these blog posts are not meant to be legal advice. You should consult an adoption attorney to discuss the specifics of your situation. by Harden Jackson, LLC Posted in: Uncategorized Tagged: "attorney awards" April 3, 2017 Updated: April 3, 2017 11:59 am March 24, 2017 Maine Supreme Judicial Court affirms existence of a de facto parentage relationship between a biological mother and her transgender domestic partner by Harden Jackson, LLC Earlier this year, the Maine Supreme Judicial Court upheld the Rockland District Court’s decision that found a de facto parentage relationship between Jessica Lisio’s two biological children and her transgender domestic partner, Tammy Thorndike. Lisio and Thorndike, who identifies as male, began a relationship and decided to have a child together. In 2009, Lisio and Thorndike registered as domestic partners and later Lisio gave birth to their daughter. Their relationship began to fall apart a few months later, but Thorndike and Lisio maintained their existing parental roles. Thorndike finally moved out and two years later, filed a complaint for a determination of paternity and parental rights and responsibilities, which Lisio opposed, arguing that Thorndike had no parental rights. The Court found that “Thorndike undertook a permanent and responsible parental role in the children’s lives”, and that the children would be negatively affected if Thorndike was removed from their lives. This case is a prime example of how the laws and court system are delayed and could have been avoided had the two parties taken proactive steps to establish their parental rights and responsibilities. In this case, a second-parent adoption lets the non-biological parent adopt a child without the biological parents losing their rights. Also, if the relationship ends, it still allows the adoptive parent to have custody and visitation rights. It’s important to keep in mind that Indiana has become one of a handful of states that now puts both biological and non-biological married same-sex parents on the birth certificate. Therefore, a second-parent adoption is not always necessary in this scenario. Meet with an experienced adoption and reproductive law attorney to learn more about when a second-parent adoption may be required. In the many states that don’t recognize second-parent adoption, there is the option of a co-parenting agreement which lays out the intentions of the parents regarding the care of the children. This will help protect the intent of the non-biological parent toward the care of the child in the event that the relationship ends. This decision also strengthens the case for establishment of parentage in non-biological parents that use donor egg, which can sometimes arise in a gestational surrogacy. Many states don’t have clear laws on whether parentage can be established using donor egg, so taking intent into consideration fortifies the argument for establishment of legal parentage in non-biological parents. Continue reading by Harden Jackson, LLC Posted in: Adoption, Assisted Reproductive Law, Custody and Family Law Tagged: "adoption attorney", "assisted reproductive law", "assisted reproductive technology", "child custody", "Child Support", "family law", "same sex marriage", coparenting, custody and de facto parentage March 24, 2017 Updated: March 24, 2017 11:07 am February 24, 2017 Missouri Court Rules on Frozen Embryo Dispute by Harden Jackson, LLC In late 2016, The Missouri Court of Appeals upheld the decision that pre-embryos were “mutual property of a special character” and could not be used to have a child without the consent of both parties. Jalesia McQueen and, then husband, Justin Gadberry decided to freeze Gadberrys’ sperm just before he was deployed to Iraq. While Gadberry was overseas, the couple discussed In Virto Fertilization and just months later two of the four embryos were implanted in McQueen’s’ uterus. McQueen gave birth to twin boys and froze the other two embryos at a cryobank facility. The couple later divorced and a dispute regarding the disposition of their frozen embryos arose during their divorce proceedings. This dispute quickly turned into a legal case to determine when exactly life begins and the legal status of frozen embryos. The trial court upheld the court of appeals decision that agreed with the ex-husband, Gadberry, ruling that frozen-embryos cannot be used without the consent of both McQueen and Gadberry. The frozen embryo is not considered to have human rights, but is property of the two parties involved. Judge Robert M. Clayton III wrote the majority opinion, stating that awarding joint custody “subjects neither party to any unwarranted governmental intrusion but leaves the intimate decision of whether to potentially have more children to the parties alone.” The court made it clear in the decision that they were not determining when life begins, but just interpreting the legal status of embryos in Missouri. The Court ruled that embryos have no legal claim to the same protections as a human being under Missouri law, and that forcing the husband to have a child that he doesn’t want to have violates his privacy rights. McQueen, the ex-wife, is planning on appealing the decision. After the ruling was issued, she stated “It’s part of me, and what rights do the judges or the governments have to tell me I cannot have them?” Tim Schlesinger, Gadberry’s attorney, said, “I think today’s ruling is a v...

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