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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UK Mom’s Quest to Fulfill Dying Daughter’s Wish Shows Importance of Cryopreservation Agreement

The UK Court of Appeal this week took steps to clear the way for a mother to help carry out the last wishes of her dying daughter to be a…

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High Court Rules UK Surrogacy Law Discriminates Against Single Parents

The UK High Court ruled today that UK’s surrogacy law, which bans single people from becoming legal parents via surrogacy, is in breach of the nation’s human rights laws, said…

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Class Action Settlement Ends Price Guidelines for Egg Donor Fees

Parties in a long-standing class action lawsuit against two non-profit organizations serving assisted reproductive technology providers and egg donor agencies finally settled recently in an agreement that some say may…

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Reciprocal Not Necessarily Equal in Reciprocal IVF

Reciprocal IVF (in vitro fertilization) often is chosen by lesbian couples who want to have a child together. In a typical reciprocal IVF scenario, one partner provides the eggs, the…

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End-of-Year Tax Question: Does 2*Gay = Infertility?

A law professor at Stetson University in Tampa, Florida, is suing the IRS to treat his and his partner’s assisted reproductive technology costs in the same way it has treated…

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Seminar Offers Answers to LGBT People Considering Parenthood Via ART

I am honored to participate in Family-Building Options for LGBT People, a free seminar presented by my colleague, fertility doctor Dr. Guy Ringler. If you are lesbian, gay, bisexual or…

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New Hampshire Passes New, Improved Surrogacy Law

New Hampshire Governor Maggie Hassan earlier this month signed SB 353, effective immediately, to bring New Hampshire’s existing surrogacy law up to speed with technological advances in ART and with nationwide best practices.

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International Surrogacy Can Be Risky Business for Intended Parents, Surrogates

ABC report calls out Planet Hospital, a U.S.-based surrogacy brokerage offering surrogacy services in Cancun, Mexico, for allegedly shady practices.

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ABA Conference Helps Keep Family Law Attorneys at Top of Game

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.

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Fertility Doctors Seek to Reduce Twin Births from IVF

The Today Show, as part of a series on ART, recently highlighted technological improvements that have resulted in fewer births of triplets and higher multiples and, increasingly, fewer births of twins.

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AAARTA Conference Offers Global Perspective on ART 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…

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New California Law Gives LGBT Couples Equal Access to Infertility Insurance

A California bill recently signed into law by Gov. Jerry Brown, AB 460, clarifies language and clears up confusion around whether gay and lesbian intended parents are entitled to insurance coverage for infertility treatment.

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Partner Agency Serves Growing Number of Single Dads

Restrictions on surrogate compensation make family formation via assisted reproductive technology (“ART”) a challenge for many single men. In India and Ukraine, two of the few countries where commercial surrogacy is allowed, single men are excluded.

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SCOTUS ICWA Ruling

The U.S. Supreme Court ruled June 25 on a case related to the Indian Child Welfare Act (ICWA), which was enacted in the late 1970s primarily to protect against the involuntary removal by child welfare authorities of children from Indian families for placement in non-Indian homes. The court decision.

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