European Court Rules Italy Did Not Violate Intended Parents’ Rights in Taking Child Born Via ART

Last year we applauded a decision by the European Court of Human Rights that the Italian government violated the rights of an Italian couple in removing from their home the…

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Italian court says twins born to gay dads not legal brothers

In the realm of “good news/bad news,” twin boys born to a gay Italian couple via in vitro fertilization and surrogacy in California will be recognized as Italian citizens, an…

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Vergara Embryo Suit Invokes Louisiana’s One-of-A-Kind Personhood Law

The sensational legal battle between actress Sofia Vergara and her ex-fiancé, Florida businessman Nick Loeb, over the disposition of the couple’s two fertilized embryos recently got even more sensational. On December…

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New Global Health Standards Redefine ‘Infertility’ to Include LGBT Intended Parents

The World Health Organization is about to announce a dramatic change in its definition of infertility, as reported recently in The Telegraph—a change that may increase opportunity for LGBT intended…

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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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Legal Time Limits on Egg Storage Creates New “Biological Time Clock”

A new study by the London School of Economics argues that the U.K.’s statutory 10-year limit on storage of cryopreserved eggs or embryos has created a double standard and has,…

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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.

(more…)

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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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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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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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Spain Orders Consulates to Recognize Citizenship of Spanish Babies from Foreign Surrogacies

In the wake of the June 26 ruling by the European Court of Human Rights on two French cases, the Spanish ministries of Justice and Foreign Affairs are ordering their consulates to reinstate registrations of children born via surrogacy to Spanish intended parents in countries where surrogacy is legal.

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Kansas High Court Puts Child’s Best Interests Ahead of State in Sperm Donor Parentage Case

New developments in the case of the Kansas sperm donor who, despite the fact he had no relationship or contact with the child conceived as a result of his genetic contribution, was ruled by a Kansas court to be the child’s father.

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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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