Pandemic-Related Surge in IVF Portends More Unused Embryo Custody Disputes  

The recent pandemic-related surge in in vitro fertilization will inevitably contribute to a growing number of legal disputes over the disposition of unused embryos. The best way to avoid what…

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NAPHSIS Identity Documents Panel Informs Vital Records Agencies, ART Attorneys

The identity documents required to establish parentage in California, where your baby was born via egg donation and surrogacy, may be different than what you will need if you move…

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New Embryo Custody Law Strips Arizonans of Reproductive Rights

Arizona legislators just passed, and GOP Governor Doug Ducey signed into law, SB 1397, an onerous new law with potentially disastrous impacts on the lives of intended parents; on the…

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Same-Sex Parents Sue State Department Over Genetics-Based Denial of Citizenship

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…

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First LGBT Love, Then Same-Sex Marriage… Now Where Best to Fill the Baby Carriage?

Navigating the Legal Maze for LGBT Intended Parents and Surrogacy Only a few short years ago, the idea of gay and lesbian couples having the same legal rights to marry…

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French Court Creates Parentage Path in Foreign Surrogacy

A July 5 ruling by the French supreme court, or Cour de cassation, has brought some clarity but not necessarily made things any easier for French intended parents seeking French…

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Federal Court Says South Carolina Refusal to Recognize Same-Sex Moms Unconstitutional

A U.S. District Court ruled Feb. 16 that South Carolina’s refusal to list both parents on the birth certificates of twins born to a married lesbian couple violates the 14th…

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Tennessee Lawmakers Propose Barrier for Married Lesbian Parents

The wheels of progress turn slowly, and in some parts of the world, leaders stand on the brakes, bring it to a screeching halt, then do their best to roll…

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Presentations Aim to Advance Field of ART Law

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…

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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…

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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…

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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.

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Even If Kim Davis Issues Marriage License, LGBT Intended Parents Need Court Order Granting Parental Rights

Since the June U.S. Supreme Court ruling legalizing same-sex marriage in all 50 states, some LGBT intended parents who want to create families via surrogacy, egg donation or other forms…

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