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    Surrogacy With The Stars!

    July 25th, 2008

    Congratulations to Marissa Jaret Winokur and Judah Miller!

    The couple became parents yesterday, when their surrogate mother delivered their first son, Zev Isaac Miller, according to People.  In case you wonder how this represents a pop culture/law collision, Popsquire has one word for you…CONTRACTS!

    Some states require a contract among all parties to the surrogacy birthing arrangement, and there are often requirements that the contract address certain issues.  Further, some infertility clinics require a contract between the infertile couple and the surrogate in the event that a dispute develops between the infertile couple and the surrogate as to biological parenthood, parental rights, and custodial aspects of the child to be born.

    In celebration of the new addition to Marissa’s family, enjoy this TLC classic, “Baby, Baby, Baby.”

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    MTV Movie Awards

    June 2nd, 2008

    If you turned into the MTV Movie Awards last night, then you know that Ellen Page won for best female performance. Juno is a great movie with many legal collisions!  In the scene where Juno is exploring adoption with the potential adoptive parents, Jennifer Garner’s character asks if Juno is seeking any “other compensation.” Juno says “No.”

    Popsquire’s perspective…

    Generally, it is both legal and customary to pay for certain expenses incurred by a birth mother, with various limitations and conditions.

    For example, California law provides in Penal Code § 273, that it is legal to assist with a birth mother’s reasonable and necessary pregnancy-related living expenses, for the period of time that she is disabled or unemployable due to the pregnancy.

    This payment of expenses must be made unconditionally and as an act of charity — otherwise, it could be considered buying the baby.

    If Popsquire were adopting, he’d definitely prefer a birth mother who lives modestly! Just like Notorious B.I.G. said, Mo’ Money Mo’ Problems.

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    Malawian Judge Makes David A Lucky Star

    May 28th, 2008

    It’s official!  Madonna is David Banda’s baby momma.  Although critics previously accused Madonna of using her celebrity status to circumvent Malawian adoption laws, a Malawian judge approved the adoption today and remarked that Madonna and husband, Guy Ritchie, are “perfect parents,” according to the AP.

    David sure is one Lucky Star!

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    Malawi Makes Madonna Wait

    May 15th, 2008

    Quick update: Madonna’s official adoption of David Banda has been delayed until next week.  By all accounts, the adoption will be finalized without any glitches.  That’s all.

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    Madonna Expected In Malawi

    May 13th, 2008

    Madonna is expected to arrive in Malawi today, in advance of Thursday’s court hearing to finalize her adoption of two-year-old David Banda. Madonna began adoption proceedings in 2006, and David has been living with her and Guy Ritchie in their London home since then.

    The adoption represents a collision between pop culture and law for two reasons:

    1. Madonna is a pop culture icon, and adoption obviously involves a legal process.
    2. This adoption has created a legal controversy, with critics accusing the government of skirting laws that ban non-residents from adopting children in Malawi, even though the country’s AIDS epidemic has resulted in more than one million orphans.

    Thursday’s hearing is expected to go smoothly, because both Malawi’s government and David’s biological father are supporting Madonna’s adoption. Congratulations Madonna! M will soon stand for “Mother of David.”

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