As my fellow family lawyers and ART attorneys and I work to wrap our heads around last week’s presidential election results, many of our clients are turning to us for…
One of the things President-elect Trump and the Republican Party would like to do is repeal the Affordable Care Act, or “Obamacare,” on day 1 of the new administration. Big words……
In yet another example of the perils of too-casual sperm donor arrangements, a gay Canadian man who donated sperm to help a medical school friend conceive more than 16 years…
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…
I had the great honor to present last week at Yale School of Law, along with Professor Douglas G. Nejaime (visiting professor from UCLA School of Law), on “The ‘ART’…
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…
We first wrote in 2012 about the work of Japanese scientists who had produced viable eggs from the skin cells of mice, as cited in this Sky News report. This…
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…
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 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…
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…
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…
The U.S. Supreme Court this week reversed an earlier ruling of the Alabama Supreme Court, reinstating the parental rights of a lesbian mom to the children she had legally adopted…
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…
A heart-warming news story out of Sioux Falls, South Dakota, last month highlights the remarkable advances in assisted reproductive technology (ART) over the past two decades and the positive impact it…
Former supermodel Tyra Banks and Norwegian photographer Erik Asla announced this week the birth of their son via assisted reproductive technology (ART) and surrogacy.Banks had made no secret of the…
A growing number of couples are turning to crowdfunding to help finance their efforts to become parents via assisted reproductive technology procedures, San Francisco’s Bay News 9 and New York…
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…
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…
It’s common knowledge that the world’s rainforests contain untold millions of plants and animals that may hold miraculous cures for innumerable human ailments. A study by a group of UC Santa…
The case of William Marotta, perhaps better known as the “Kansas sperm donor” whom the state is pursuing for child support as the biological father, via sperm donation, of a…
As a dad with my spouse, Tommy Woelfel, of two twin boys born via egg donation and surrogacy, I’m often asked what it’s like raising twins. Some people speculate that…
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…
The Texas Department of State Health Services made headlines last month when it revealed in a court filing that it would begin allowing same-sex parents’ names on children’s birth certificates—although…
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…
The legalization of same-sex marriage in all 50 states is not the first groundbreaking U.S. Supreme Court decision impacting LGBT intended parents and their families to come down this week.In…
In statehouses throughout the United States, in courtrooms and international policy-making bodies, and in global organizations such as the United Nation’s Conference on Women, an orchestrated movement of social conservatives…
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…
A lawsuit filed against actress Sofia Vergara by her ex-fiancé has shone a bright light on assisted reproductive technology recently, calling attention to the legal pitfalls that can emerge unless…
All eyes will be on the nine judges who sit on the U.S. Supreme Court this week, as both sides present their arguments as to whether same-sex marriages should be…
Britain’s Parliament voted this week to allow strictly limited use of a new fertility treatment that would allow women with a certain type of genetic disorder to become mothers without…
The question of whether egg donor fees constitute taxable income has long been a muddy area: states have varied on their interpretations; some agencies issue 1099s to donors, some don’t;…
Just out in the Jan. 23 issue of The Hollywood Reporter is a well-researched and informative article on assisted reproductive technology. Researchers from the publication interviewed me for the piece…
I traveled to New York this week to attend the American Fertility Association’s annual fundraising gala, Illuminations NYC, held Monday, Nov. 3, at The Yale Club of New York. This…
As of September, 17 state attorneys general had joined a “friend of the court” brief asking the U.S. Supreme Court to hear same-sex marriage cases from the Fourth, Seventh and…
Effective Jan. 1, 2016, birth certificates of babies born in California will no longer identify a mother and father but will instead use the gender-neutral term “parent”
A number of high-profile cases of malfeasance or unethical activity related to international surrogacy have recently made headlines worldwide, fueling negative misconceptions.
Thomas made the decision to use her highly visible Today Show podium as a way to get the topic out in the open and potentially make others undergoing fertility treatment feel more comfortable and less alone in the process.
Earlier this month, the Thai military government conducted an audit of the nation’s in vitro fertilization and surrogacy agencies, a review that ultimately led to what by all reports was a virtual shutdown of the industry in Thailand.
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.
ABC report calls out Planet Hospital, a U.S.-based surrogacy brokerage offering surrogacy services in Cancun, Mexico, for allegedly shady practices.
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.
In a groundbreaking decision June 26, the European Court of Human Rights ruled in two cases that France must recognize the parental relationship of parents who have genetically related children via surrogacy in other countries.
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.
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.
Surrogacy and parental establishment laws vary dramatically from state to state and from country to country.
Family Equality Council’s recent gala event, Night at the Pier, in New York, NY, honored three individuals who have been leaders in advocating for the equality of 3 million LGBT parents.
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.
