Implications of the 2024 US Election Results on ART

There are consequences of the election results that are tangential and indirectly related to surrogacy and assisted reproduction. Notably for now, seven of the 10 state ballot measures enhancing or clarifying protections of abortion rights were successful.  

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Abortion Access, ART, and the US Elections

With the US Presidential Election only a couple of weeks away, those of us who work in the field of Assisted Reproductive Technology (ART) are paying very close attention to the polls. Among other extremely significant issues, abortion, ART, contraception, and what constitutes a family are all on the table.

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IFLG Applauds Governor Newsom for Expanding Access to IVF in California

California Governor Gavin Newsom signed SB 729 into law requiring large group health care service plan contracts and disability insurance policies to provide coverage for the diagnosis and treatment of infertility and fertility service, including in vitro fertilization (IVF).

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Alabama High Court Ruling Deems Frozen Embryos Children, Threatens IVF and Sparks Backlash

Earlier this year, the Alabama Supreme Court ruled that all embryos are legally regarded as children, stating that Alabama’s Wrongful Death of a Minor Act applies to all unborn children, regardless of their location. By granting frozen embryos the same legal status as living children, the court's decision could dramatically alter how embryos created during assisted reproduction are managed, stored, and disposed of.

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IFLG Joins ASRM & Resolve Condemning Alabama Supreme Court Ruling Embryos As Children

International Fertility Law Group joins The American Society for Reproductive Medicine and RESOLVE: The National Infertility Association in condemning the ruling by the Supreme Court of Alabama in LePage v. Mobile Infirmary Clinic, classifying embryos as children.

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LGBTQ Couples Fight for Reproductive Healthcare Benefits

As a growing number of same-sex couples turn to assisted reproductive technology (ART) to create their families, many are disheartened to find disparities in reproductive healthcare benefits provided by employers and insurers compared to their heterosexual counterparts. In many cases, LGBTQ couples are being denied fertility benefits, because they don’t fit into an antiquated mold of traditional male and female gender roles.

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Baby Born via Mitochondrial Donation Gives Hope to Families with Genetic Mitochondrial Disorders

Mitochondrial Donation Therapy offers hope to families by preventing the passing of genetic disorders from parent to child. Mitochondrial DNA is passed down from mother to child, and genetically mutated mitochondria can carry an array of incurable disorders such as muscular dystrophy, multiple sclerosis, epilepsy, neurological problems, seizures, vision and hearing loss, muscle weakness, cognitive and developmental delays, and early death.

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Texas Abortion Ban Risks Women’s Health and Stretches into the World of Assisted Reproduction

With its restrictive abortion law, the state of Texas has become an example of why bans on abortion are not only a detriment to women’s rights and health, but, as time passes and lawsuits are filed, it is also giving us insight into possible far-reaching consequences in the world of assisted reproduction.

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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.

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California Poised to Pass a Bill Mandating IVF Insurance for Large-Group Health Plans

If passed into law, SB 729 would redefine infertility and require health plans to cover assisted reproductive technologies including in vitro fertilization (IVF), sperm testing/deposits, cryopreservation, egg retrievals, and embryo transfers (as long as any such embryo transfers are single-embryo transfers as recommended by the American Society for Reproductive Medicine (ASRM)). This is the farthest any bill mandating fertility coverage equality has gotten in California to date.

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Disparities Persist in Fertility Treatment for Black Intended Parents

Disparities continue for Black intended parents with the high cost of IVF, lack of insurance mandates and diversity in the medical community

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Barrett Confirmation Could Pose Threat to In Vitro Fertilization

Barrett confirmation to Supreme Court poses a threat to in vitro fertilization (IVF). IFLG calls on Senators to protect reproductive rights. While advocates for reproductive freedom brace for an assault on abortion rights with the potential confirmation of Amy Coney Barrett to the U.S. Supreme Court, fertility professionals fear that access to common infertility treatment such as in vitro fertilization, or IVF, might also be in jeopardy.

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New York Continues Push to End Surrogacy Ban as New States Enact Them

Governor Andrew Cuomo is standing by his commitment to eliminate the three-decade ban on commercial, or compensated, surrogacy in New York, one of two states in the nation that currently…

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Uterus Transplant Donors Motivated to Give Gift of Motherhood

Pennsylvania researchers celebrated recently the birth of a healthy baby boy to a woman who received a uterus transplant from a deceased donor—only the second successful procedure and birth of…

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Anti-ART Judges Threaten Reproductive Rights for Future Generations

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…

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Uniform Laws Needed to Regulate Abandoned Embryos

Over the past few decades, technological advances have made the miracle of reproduction and parenthood accessible to thousands of people who in an earlier time would have remained childless—people with…

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Surrogacy Bans Coming Down in Netherlands, Michigan, New York

Colleagues in Netherlands celebrated this week the news that at least two Dutch IVF clinics plan to open their doors in 2019 to same-sex couples who want to become parents…

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Israeli Government Continues Surrogacy Ban for Gay Dads

Tens of thousands of LGBT Israelis and their allies took to the streets Sunday, protesting a new Israeli surrogacy law that denies gay men the right to become parents via…

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Washington Post Article Cites Concerns Arizona Law Gives Personhood to Embryos

Under a new Arizona law, in divorce cases involving frozen embryos, courts are mandated to award custody of the embryos to the “spouse who intends to allow the in vitro…

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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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Washington Legalizes Compensated Surrogacy

­­Congratulations to Washington State, which just became the first state to enact UPA 2017, the updated Uniform Parentage Act for use by U.S. states as uniform legislation for parentage laws,…

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2nd Parent Adoption Still Gold Standard to Secure LGBT Parental Rights

Following the U.S. Supreme Court’s June 2015 decision legalizing same-sex marriage in all 50 states, many LGBT parents and intended parents felt a weight lift from their shoulders: Now, surely,…

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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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Asia Trip Reminds of Continued Relevance of LGBT Pride Month

As an attorney with a busy practice, a husband and a father of two boys, my days usually fly by juggling responsibilities and deadlines, and there isn’t much time for…

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Sharing Promise of ART with LGBT China

I have the great honor of traveling next week to China and Japan to talk to members of the LGBT communities there about assisted reproductive technology and the legal considerations…

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Cambodia Offers Vietnam Exit Plan for Families Stranded by Surrogacy Ban

The Cambodian government finally took action last month to resolve a legal quandary that trapped dozens of foreign couples and their unborn or newborn children in the country following its…

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Mexican Surrogacy Crackdown Reaffirms: Foreign Surrogacy Has Always Been Risky

A recent crackdown on surrogacy in the Mexican state of Tobasco has forced foreign intended parents to sue the government to receive birth certificates for their children born via surrogacy…

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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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Landmark Italian Court Ruling Recognizes Gay Dads as Legal Parents

For the first time in history, an Italian court has recognized a same-sex couple as legal parents. The gay male couple, who has not been identified, had twin boys seven…

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