Mark E. Sawicki, P.A. Mark E. Sawicki, P.A.2024-03-19T13:58:17Zhttps://www.sawickilaw.com/feed/atom/WordPress/wp-content/uploads/sites/1503867/2022/01/cropped-3647172_Site-Identity_Favicon-32x32.pngOn Behalf of Mark E. Sawicki, P.A.https://www.sawickilaw.com/?p=511592023-09-18T13:44:15Z2023-09-18T13:44:15ZLegal problems
While Florida has clear laws about surrogacy, legal complications can still arise during the process. It is critical to work with dedicated professionals who understand the legal aspects of surrogacy, can navigate these complexities and ensure compliance with all relevant laws.
Emotional challenges
Surrogacy can give rise to complex emotions for all parties involved. Intended parents may experience anxiety or emotional distress throughout the process, particularly if there are delays or unforeseen issues.
Similarly, the surrogate may face emotional challenges as they carry a child that will not be genetically theirs.
Medical complications
Pregnancy itself carries inherent risks, regardless of whether it is a traditional pregnancy or through surrogacy. The surrogate could face medical issues such as:
Gestational diabetes
Preeclampsia
Other pregnancy-related complications
Relationship strain
The relationship between the intended parents and the surrogate can sometimes become strained due to differing expectations or disagreements on important matters during the surrogacy process.
Financial considerations
Surrogacy can be an expensive undertaking for intended parents due to the various costs involved, such as medical expenses, legal fees, agency fees, compensation for the surrogate mother and more.
It is critical for all parties involved in the surrogacy process to thoroughly consider these risks and potential problems and consult with professionals who can provide appropriate guidance and support throughout the entire process.]]>On Behalf of Mark E. Sawicki, P.A.https://www.sawickilaw.com/?p=511582023-08-23T18:23:28Z2023-08-23T18:23:28Zcarried by a surrogate. Surrogacy is also a common way same-sex couples build their families. Here are the four main steps of the process.
Step 1: Donation of egg and sperm: This will occur at the IVF clinic you choose. Donating sperm takes a few hours, while egg donation requires at least a couple of weeks of hormone treatment before eggs are retrieved.
Step 2: IVF fertilization: During an outpatient procedure, the eggs are removed, fertilized and placed in an incubator for roughly five days. At this point, fertility doctors freeze the highest-quality eggs or transfer them to the surrogate.
Step 3: Pregnancy: Surrogate mothers must undergo hormone injections to prepare for the pregnancy. In most cases, surrogates manage their own prenatal and medical care. However, it’s recommended that the intended parents be part of the process. A supportive environment is in everyone’s best interests.
Step 4: Birth and finalizing parenting rights: The child’s delivery usually comes long after the intended parents and surrogate enter into a contract, which outlines legal protections over parenting rights. With a valid contract, the birth certificate is prepared with the intended parents’ names when they take the baby home.
The surrogacy contract is crucial as no federal laws govern surrogacy, which is regulated state-by-state. Without it, complications can arise even when the surrogate has no biological ties to the child.
Clarifying legal issues helps everyone achieve peace of mind
While IVF can help solve biological challenges for many who want children, assisted reproductive methods can lead to legal problems. That’s why receiving experienced legal guidance is crucial for drafting a surrogacy contract aligning with Florida’s rules.
These agreements specify the intended parents’ and surrogate’s rights and responsibilities, so each is protected under the law. They also typically address financial support and include contingencies in case issues or conflicts arise during the process.]]>On Behalf of Mark E. Sawicki, P.A.https://www.sawickilaw.com/?p=511522023-06-14T19:45:27Z2023-06-14T19:45:27ZWhat’s the difference?
Mini IVF is a gentler and potentially cheaper alternative. While high-dose injections stimulate egg growth in traditional IVF, mini IVF includes a combination of lower-dose injections and oral medications to stimulate the growth of eggs and adjust the menstrual cycle. Fertility experts say lower doses of medication are easier on women’s ovaries and usually cause fewer side effects.
As for what you can expect to pay, traditional IVF generally runs between $10,000 and $15,000 per cycle. But it can sometimes run as high as $25,000, according to the Society for Assisted Reproductive Technology (SART). The organization says each mini IVF cycle ranges between $5,000 and $15,000. The savings is usually realized through lower doses of medication, but the price tag depends on many factors.
Best candidates for mini IVF
Costs aside, women who face specific medical and physical conditions may benefit the most from mini IVF. This includes those with ovarian hyperstimulation syndrome, which is caused by having too many hormones in the body. Those with OHSS often suffer from intense pain in their abdomen and ovaries. They can also experience severe diarrhea, nausea and bloating.
Others who can benefit are those with polycystic ovary syndrome. PCOS is a hormonal disorder causing small cysts in the ovaries, making it impossible for some women to ovulate. Mini IVF may also be the best option for those who can’t abide high-dose fertility drugs to stimulate ovulation. It may also benefit older women whose ovaries have lost their reproductive potential.]]>On Behalf of Mark E. Sawicki, P.A.https://www.sawickilaw.com/?p=511492023-05-11T21:31:50Z2023-05-11T21:31:50ZThe two types of surrogate pregnancy
Surrogacy, in which a woman who is not in the couple carries and delivers the baby, is one of those options. Fortunately, Florida law is friendly to couples and individuals who want to pursue surrogate pregnancy. The only requirement is that all the parties involved are at least 18 years old. Medically, there are two versions of surrogacy:
Gestational surrogacy works by producing embryos using sperm or eggs from at least one of the intended parents, then implanting the embryos in the surrogate mother.
A traditional surrogacy works by having the surrogate mother use her own eggs fertilized with sperm from one of the intended parents.
The parties are allowed to negotiate, sign and enforce a surrogacy contract. This is a good idea because having a contract means everybody involved clearly understands their rights and obligations. Keep in mind that if you are doing a traditional surrogacy, state law allows the surrogate to terminate the agreement at any time until 48 hours after the infant is born.
Protecting your rights
Which version of surrogacy you use is mostly a matter for you, your spouse or partner and doctor to decide. But there are legal implications that you should be aware of. You need to take steps to preserve your rights and create a framework for resolving potential disputes. A consultation with a family law attorney can help you begin this process.]]>On Behalf of Mark E. Sawicki, P.A.https://www.sawickilaw.com/?p=511422023-04-03T20:43:08Z2023-04-03T20:39:56ZIncreasing your chances of getting pregnant
But age alone usually doesn’t determine whether IVF will be successful. If you are considering the process to help you conceive a child, it’s crucial to see a fertility doctor to assess your physical condition. But you can make several lifestyle choices to increase your chance of becoming pregnant. Here are five:
Watch what you drink: Too much caffeine can affect men by decreasing sperm production and increasing the risk of miscarriage for women. Try to limit your intake to a cup or two a day. Avoid alcohol altogether.
Watch what you eat: Fertility doctors say 40% of women whose diets are high in calories and carbohydrates are more likely to have decreased ovulation. Doctors say to avoid processed meats especially. Men with high-fat diets can produce less sperm.
Watch how you exercise: Experts say intense workouts can cause hormonal changes that disrupt egg production, leading to a lower chance of success during IVF.
List ALL your meds: Tell your fertility doctor about all the prescription and over-the-counter medications you’re taking. Some fertility drugs don’t interact well with other medicines and can cause hormonal issues.
Identify environmental risks: Pesticides, paint fumes and various cleaning agents can affect your fertility. Identifying potential risks and staying away from them can be crucial.
Everyone’s chances for IVF success are different, and it’s essential that you follow your fertility specialist’s advice when preparing for and undergoing the process. Health, cost and anxiety are primary stressors for couples or individuals considering ART options.
Following your doctor’s plan is important, but you can also alleviate stress by seeking legal advice from lawyers specializing in assisted reproduction laws. An experienced attorney can identify any legal red flags due to a lack of uniform laws related to IVF and other options. Knowledgeable guidance can provide immeasurable relief and let you concentrate on the profound joy of growing your family.]]>On Behalf of Mark E. Sawicki, P.A.https://www.sawickilaw.com/?p=511412023-02-22T20:54:01Z2023-02-22T20:51:59Zcomparable to cancer, leading to depression for many people. When adding the uncertainty of IVF to the mix, the risks for mental health challenges only increase for those who go through the process.
Discuss potential stressors before beginning IVF
Nothing can replace the joy of growing your family. But couples who undergo IVF or other ART methods should understand the challenges before starting the process to guard their mental health. Here are some of the questions to consider:
Can we afford it?
Money is a leading cause of stress for most couples. But IVF is expensive, as one cycle may run anywhere from $12,000 to $17,000, and several cycles may be necessary before pregnancy occurs. It’s wise to see whether your insurance plan covers any expenses. You may also want to limit how much you’re willing or able to spend.
How can we support each other?
It is crucial for couples to be on the same page when undergoing IVF. Talk to your partner about your expectations and listen to their concerns. Remember that everyone handles stress differently. Consider talking to a professional therapist to help you cope.
Who do we tell?
Fertility issues are common, and no one should be embarrassed when they happen. But decide with whom you want to share this incredibly personal information. If you’re going to limit knowledge to immediate family members and close friends, make sure they understand how important it is to you that they keep this information guarded.
Why are we doing this?
When times get tough, always remember the big picture. You and your partner fell in love and wanted to start a family. Never forget the deep bond that brought you to this point. Promise to be there for each other, and, above all, don’t focus on pregnancy as the only way to ensure your future happiness.
How do we handle legal concerns?
Most people are unaware of Florida’s laws and court rulings related to ART. Legal issues can arise over the process, such as when donated eggs or sperm are used or understanding the options for storing or donating extra embryos. Talking to an experienced lawyer specializing in assisted reproduction laws can remove some worries, allowing you to focus on your physical and mental well-being.]]>On Behalf of Mark E. Sawicki, P.A.https://www.sawickilaw.com/?p=511192023-01-18T22:40:59Z2023-01-18T22:40:59ZRecommendations for IVF vs. IUI
After the assessment, doctors will outline which procedure gives you the best chance of conceiving. Each situation is different, but IUI is typically recommended if the male has fertility issues or if the reason can’t be diagnosed.
IUI is an outpatient procedure where sperm is injected directly into the uterus. It usually happens the day after ovulation is medicinally stimulated. The procedure typically takes about five to 10 minutes.
IVF is more involved, generally taking about three weeks, during which the woman receives high hormone doses to increase egg production. Once eggs mature, a doctor removes them and combines them with a partner’s or donor’s sperm in a lab. If embryos result, they are transferred into the uterus or frozen for use later.
IVF is the most common ART method and typically shows the best results. But it’s also more expensive. Each IUI cycle costs roughly $2,000, depending on the clinic, treatment plan and medications. IVF typically runs $12,000 to $17,000 per cycle, and multiple cycles are often necessary before pregnancy occurs.
Which one is more successful?
The first thing to understand is that neither process guarantees you will get pregnant. According to the Society for Assisted Reproductive Technology, IVF is successful 50% to 75% of the time after the first cycle for most patients. But remember that multiple cycles may be needed.
The success rates for IUI are lower. According to experts, the procedure results in success about 15% to 20% of the time after one cycle and 40% to 50% of the time after up to four rounds. But doctors caution not to be consumed with those numbers. Each person’s fertility issues are different, and the success rate depends on many factors.
Focus on what matters
Infertility causes massive amounts of stress by itself. Adding the financial, medical and emotional aspects of IVF or IUI only adds to the anxiety. Couples also face legal uncertainties, as questions become complex when dealing with egg or sperm donation or surrogacy. Working with a Florida attorney experienced in assisted reproduction law can help you navigate legal issues so you can concentrate on your physical and emotional needs.]]>On Behalf of Mark E. Sawicki, P.A.https://www.sawickilaw.com/?p=511202022-12-15T19:52:31Z2022-12-15T19:52:31ZGestational vs. traditional surrogacy
Florida statutes allow surrogacy contracts as long as all parties involved are at least 18 years old. Intended parents include individuals and heterosexual couples experiencing fertility issues, and same-sex couples. However, the state treats gestational and traditional surrogacies differently. Here are brief descriptions of both methods:
Gestational: Embryos produced from genetic material from at least one of the intended parents are implanted in the surrogate, who has no biological relationship. Contracts are generally enforceable unless one or more parties don’t meet the age requirement.
Traditional: The surrogate uses her own egg to create a pregnancy and enters into a legal contract with the intended parents. This process can be risky as Florida allows surrogates to terminate the agreement until 48 hours after the child is born.
Items to include in the contract
A preplanned adoption agreement should be a comprehensive document that protects both parties’ rights. While each contract is unique, most include these components:
Where the genetic material will come from.
How medical expenses will be covered.
A breakdown of compensation paid to the surrogate.
A list of expected behaviors for all parties.
An outline of the ART process being used.
The surrogate’s agreement to surrender parental rights
The contract should also address other issues, such as what will be done with extra embryos created during IVF or how many cycles will be attempted to achieve a pregnancy.
With everything at stake, it’s crucial to draft agreements with help from knowledgeable lawyers who understand Florida’s surrogacy laws. Experienced legal guidance helps intended parents focus on the profound joy of growing their family and the surrogate’s help in making those dreams come true.]]>On Behalf of Mark E. Sawicki, P.A.https://www.sawickilaw.com/?p=509932022-10-31T16:16:37Z2022-10-21T16:14:05Zprotect your investments during a divorce.
Have accurate information and access to all accounts
Before your divorce starts -- or after it stars but before you sign a property division agreement -- do your research on all investment accounts. You need to know exactly what investments are considered marital property, because they must then be split in your divorce.
Marital property is property acquired by you or your spouse after marriage. Some property acquired after marriage is considered separate property, such as gifts or inheritances, but in most divorces, investments are going to be part of the marital property mix.
Get access to all your investment accounts and confirm whose name they are in. Some may be jointly held, while others may be in your name or your spouse’s name.
Check and update your beneficiaries
Even if an account is in your name, you could have your spouse listed as a beneficiary. You should update your beneficiary to someone besides your spouse, assuming you no longer want them to be your beneficiary.
You may consider doing a withdrawal from an investment if you are going to owe your spouse a sum of money as part of property division. Before doing so, research any costs, penalties or tax consequences.
Consider a qualified domestic relations order
If you are in this situation, you may think about getting your spouse the money by simply splitting a portion of the investment account with them. This is usually accomplished by a qualified domestic relations order (“QDRO”). This order is specifically designed for these types of situations, and many times the split can be done without any penalties.
Property division during divorce is rarely easy, and you are likely to encounter some complications along the way. An experienced divorce attorney can help you exit your marriage with your finances still intact.]]>On Behalf of Mark E. Sawicki, P.A.https://www.sawickilaw.com/?p=509792022-10-25T13:55:30Z2022-10-18T13:47:01Zcan be addressed is imperative.
What might the court do to help with honoring a time-sharing schedule?
The court has multiple options that it will consider with parenting time. First, it will look at the agreement and how much parenting time was denied. It can then give the noncustodial parent extra time as compensation for what was missed. This will be done as quickly as possible, but there could be extenuating circumstances like school. The child’s best interests are, of course, paramount. The parent who violated the agreement may be assessed the financial costs for the makeup parenting time.
The parent who violated the agreement could be obligated to pay court costs and attorney’s fees that the noncustodial parent needed to pay to try and resolve the dispute. They might also be ordered to take part in a parenting course. Community service could also be ordered if it will not have a negative impact on the child’s well-being. In extreme cases, they could be charged with contempt of court.
Disagreements are par for the course in child custody and parenting-time cases. Denying parenting time is no way to solve them unless the child is in some sort of danger or it cannot be avoided such as a medical emergency or other urgent issue. Parents who are on good terms might be able to work this out on their own by exchanging days, holidays and other times at which the child is supposed to be with the noncustodial parent. If that is impossible, the court can be of assistance.
Caring professionals who treat clients like family may be able to help
Because these cases are emotionally charged, it is useful to have comprehensive legal advice to try and rectify the matter. That includes having personalized service that will protect a person’s peace. By that, the person who is seeking the parenting time they are supposed to get based on the agreement will want to have professional assistance that does not just treat them like family, but views them as family with all of the accompanying care that it implies.
From the outset, people will be kept informed as to how the case is proceeding, what the potential outcomes are, and have help from someone who represents a wide range of people from different personal and economic backgrounds. Calling for advice as soon as possible can be beneficial when dealing with the case and getting the parenting time plan followed as it should be.]]>