To Exist or Not to Exist – Posthumous Sperm Extraction and Reproduction
Posthumous reproduction, creating genetic offspring after the death of an intended parent, raises complex social, ethical and legal issues.
Posthumous reproduction, creating genetic offspring after the death of an intended parent, raises complex social, ethical and legal issues.
We at IFLG, our colleagues in the field of assisted reproductive technology (ART) and advocates for families everywhere are celebrating a long-awaited victory today: The U.S. State Department has officially…
Join Rich Vaughn of International Fertility Law Group and surrogacy professionals from all over the U.S. for the latest in a series of webinar discussions about the impacts and challenges…
A federal court has ruled, once again, that the child of a legally married gay couple, born via surrogacy abroad, is a U.S. citizen and has been since her 2019 birth—refuting the Trump administration’s continuing policy of defining her and other similar surrogate births to LGBTQ parents as “out of wedlock.”
For decades, assisted reproductive technology has been improving, advancing and expanding the potential for previously infertile people to become biological parents. But the recent influx of right-wing and anti-reproductive freedom…
The conflict and division surrounding immigration in the United States have spread beyond border crossings and asylum claims. Based on a narrow interpretation of existing law, U.S. authorities have not…
Many LGBT intended parents and their families rejoiced in 2015, when the U.S. Supreme Court, in Obergefell v. Hodges, legalized same-sex marriage in all 50 states. Finally, LGBT married couples…
I’ve spent the past few days at the American Bar Association’s Midyear Meeting in sunny Las Vegas. It is always an honor and privilege to represent the ABA Assisted Reproduction…
The headlines have been full recently of the stories of two same-sex couples, one parents of twins, the other parents of sibling daughters, both suing the U.S. State Department in…
The problem began decades ago, in the late 1970s, as soon as the first babies created via the then-new technology of in vitro fertilization began to be born. It drew…
It’s finally out, in paper and in e-version! After three years of writing, rewriting, editing, proofreading and more of the same, as I was talking to potential intended parents in…
The Society for Assisted Reproductive Technology, or SART, announced May 2 that, with preliminary 2015 data in, more than 1 million babies have been born in the United States via…
The past several weeks have been a whirlwind of speaking engagements for me, primarily for the purpose of educating lawyers and sharing the knowledge and skills I’ve gained in the…
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…
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.
The demand for assisted reproduction technology services is exploding. Of the nearly 2.7 million babies born in the United States in 2008, at least 38,496 (1.44 percent) were born via…
As more and more intended parents seek to create families via international surrogacy, national governments have been forced to consider their rules for parental recognition and citizenship of the resulting…
International surrogacy law is a hot topic in the London news today as we were honored to have Family Division Judge Dame Lucy Theis as our first speaker at the…
May has been an especially busy month at International Fertility Law Group, with lots of travel and my participation in a series of excellent professional conferences and symposiums—all offering opportunities…
I am fortunate to participate in two great professional conferences, both of which bring together some of the best minds in assisted reproductive technology to share best practices and advance…
National Coalition provides a forum for the leaders in the field of ART to report on their current and planned activities, efforts and issues of greatest interest and concern in the United States.
Continuing Legal Education Conference of the American Bar Association, Family Law Section, held in Southampton, Bermuda was an important opportunity for my colleagues in the fields of family law and fertility law.
Earlier this month I attended the American Academy of Assisted Reproductive Technology Attorneys (AAARTA) and American Academy of Adoption Attorneys Mid-Year Conference in Charleston, South Carolina. The conference, entitled “A…
One of ABA Family Law Section Committee on Assisted Reproductive Technology projects concerns updating the Model Act Governing Assisted Reproductive Technology in keeping with rapidly evolving customs and practices.
The ABA Family Law Section ART Committee is always actively engaged in developing and producing high-quality continuing legal education and mentoring on ART law topic
I was honored recently to be named chair of the American Bar Association’s Family Law Section Committee on Assisted Reproduction.
I traveled last week to Anchorage, Alaska, where I attended the American Bar Association, Family Law Section Continuing Legal Education Conference.
Most state statutes governing sperm donation do not require the state to assess the intent of the donor and recpipients: if the donor qualifies as a parent or potential support obligor under state law, the state can go after him.
Rich Vaughn with Carole A. Bass and Steven Weissman were panelists at the annual Continuing Legal Education Conference of the American Bar Association in Philadelphia on Oct. 12, speaking on “What Every Assisted Reproduction Lawyer Needs to know about Estate Planning.”
I'll be part of a panel on estate planning for ART families at the Continuing Legal Education Conference of the American Bar Association in Philadelphia Oct. 10-13.