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The Latest From Our Blog
September 2016
Cell Fertilization Without Sperm Promises to Revolutionize Human Reproduction
We first wrote in 2012 about the work of Japanese scientists who had produced viable eggs from the skin cells of mice, as cited in this Sky News report. This week The Telegraph science editor [...]
New Law Protects California Intended Parents from Discrimination in Other States
A California bill signed into law by Governor Jerry Brown late last week will provide reassurance and peace of mind to California intended parents, particularly same-sex intended parents, as well as intended parents who have [...]
August 2016
Texas Settlement Affirms Birth Certificates Are Essential
A recent settlement in a federal lawsuit against the state of Texas may benefit LGBT intended parents by establishing the importance of an accurate, valid birth certificate in protecting children’s rights. The U.S. Constitution states [...]
ABA Family Law Section Chair’s Cup Awarded for First Time to ART Attorneys
I was highly honored recently, in my capacity as chair of the ART Committee of the American Bar Association's Family Law Section, to receive the ABA Family Law Section Chair's Cup award, presented by outgoing Section Chair Greg [...]
July 2016
Uncertain Status of Cryopreservation Agreements Creates Legal Conflict
With the growing use of cryopreservation, a method of freezing for future use eggs, sperm or embryos, we’re also seeing a growing amount of litigation resulting from disagreements as to their disposition. Sometimes a couple freezes eggs or sperm for medical reasons, such as cancer treatment, or merely in order to delay starting a family until a more opportune time. If the couple later separates, the partners may disagree about whether the eggs, sperm or embryo should be destroyed or preserved, how and when they can be used, and who has the right to make that decision.Although such cases are still relatively uncommon (most people resolve these matters privately), as the technology improves and becomes more accessible to more people, it’s reasonable to assume such disagreements will occur more often. And as the law stands now, it’s anyone’s bet how these cases will wash out: in this area of law, it’s still the wild, Wild West.Many couples sign a consent agreement or medical consent form, usually provided by their fertility agency, when they undergo egg or sperm harvesting or in vitro fertilization. Often, the clinic documents don’t cover what happens in the case of separation or divorce. Few intended parents go to a fertility thinking about what will happen if they get a divorce—most don’t want to think about it. However, it is incumbent upon the fertility services providers to make sure all eventualities are covered in these documents, and these intending parents must also be advised to carefully consider all eventualities before cryopreserving their genetic material.But as things stand today, even the existence of a medical consent form addressing embryo disposition doesn’t rule out the prospect of conflict and litigation. Sometimes the court honors these consent forms, but not always. […]
