Application of the Indian Child Welfare Act

The Indian Child Welfare Act (ICWA) is a federal law that sets minimum standards for the removal of Native American children from their homes. The ICWA is designed to preserve and strengthen Native American families and culture.

Traditional and Gestational Surrogacy

The two types of surrogacy are "traditional" and "gestational." Traditional surrogacy is done via artificial insemination, with the surrogate using her egg and another man's sperm. Gestational surrogacy is done via In Vitro Fertilization (IVF), where fertilized eggs from another woman are implanted into the surrogate's uterus. Choosing which route to take is one of the earliest decisions a surrogate or intended parents must make.

Abortion and Consent

The medical procedure of abortion is one of the most performed procedures in the United States. Prior to a woman seeking an abortion she should have sufficient information about the procedure. In some states abortion clinics may make the woman wait a period of time prior to performing the procedure. The most common period of time is a 24-hour window between the time that the woman enters the clinic requesting an abortion and the time that the procedure is actually performed.

Tax Considerations Relating to Child Support

For federal income tax purposes, payments of child support are not tax-deductible by the parent who makes the payments but child support is tax-free to the recipient. In order to qualify as child support, the amounts an ex-spouse receives must be designated as child support in the divorce or separation agreement. None of a payment that is lumped together as either family support or alimony is considered child support for tax purposes. In addition, family support or alimony is taxable to the recipient.

Child Custody and Religion

Religion is usually not an issue in child custody proceedings, even if the parents practice different religions. For example, if a child has a Christian mother and a Jewish father, a court will not consider the merits of either religion in determining which parent should have custody of the child. The court will grant custody to one parent, or joint custody to both parents, and the child will be exposed to both the mother's religion and the father's religion.