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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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.

(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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