15 Aug 2020 Surrogacy During COVID-19 Update for Intended Parents, Surrogates and Donors
Join Rich Vaughn of International Fertility Law Group and surrogacy professionals from all over the U.S. for the latest in a series of webinar discussions about the impacts and challenges of surrogacy during the COVID-19 coronavirus crisis for intended parents, surrogates, donors and third-party matching...
03 Jul 2020 Federal Court Rules Gay Dads’ Baby Born Via Surrogacy Abroad Is U.S. Citizen
A federal court has ruled, once again, that the child of a legally married gay couple, born via surrogacy abroad, is a U.S. citizen and has been since her 2019 birth—refuting the Trump administration’s continuing policy of defining her and other similar surrogate births to...
13 Apr 2020 Surrogacy Professionals Coronavirus COVID-19 Update for Intended Parents, Surrogates
Yesterday I participated in the second weekly national webinar for surrogacy professionals, convened by the American Bar Association and SEEDS (Society for Ethics in Egg Donation and Surrogacy). The webinars have been a great forum for fertility lawyers, reproductive healthcare providers, surrogacy and donor agencies...
27 Mar 2020 COVID-19 Pandemic Forces Intended Parents to Delay Surrogacy
Yesterday I participated in the second weekly national webinar for surrogacy professionals, convened by the American Bar Association and SEEDS (Society for Ethics in Egg Donation and Surrogacy). The webinars have been a great forum for fertility lawyers, reproductive healthcare providers, surrogacy and donor agencies...
22 Mar 2020 ART Professionals Share Info for Surrogates, Intended Parents Navigating COVID-19
I was honored to participate recently in a national surrogacy professionals COVID-19 webinar designed to share information and best practices to help surrogates and intended parents plan and cop during the crisis. ...
14 Feb 2020 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 criminalize surrogacy. On February 11, Cuomo and advocates for reproductive freedom launched the “Love Makes A...
10 Feb 2020 Surrogacy Education Down Under Kicks Off IFLG's 2020 Travel Plans
I was excited and honored to have the opportunity to speak on U.S. surrogacy laws at two Growing Family conferences on February 8 in Sydney and on February 9 in Melbourne, Australia. Both full-day conferences were parent-curated surrogacy education events designed to provide potential intended...
15 Jan 2020 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 its kind in the United States. According to The Philadelphia Inquirer, the mother, Jennifer Gobrecht, learned...
07 Dec 2019 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 judicial appointees has many people worried that legislative progress and technological advancements could be thwarted...
02 Aug 2019 Children Born Abroad Via Surrogacy Denied U.S. Citizenship
The conflict and division surrounding immigration in the United States have spread beyond border crossings and asylum claims. Based on a narrow interpretation of existing law, U.S. authorities have not only denied citizenship to the children of married U.S. citizens, they are applying the law...
12 Jul 2019 International Conference Addresses Human Rights of Children Born via Foreign Surrogacy
I had the great honor recently to represent the American Bar Association and its Assisted Reproduction Technology Committee at the first International Surrogacy Conference, hosted last month by Cambridge University’s Selwyn College, the American Bar Association Section of Family Law, and the International Academy of...
19 Apr 2019 American Bar Calls Out Discrimination Against LGBTQ Parents
Many LGBT intended parents and their families rejoiced in 2015, when the U.S. Supreme Court, in Obergefell v. Hodges, legalized same-sex marriage in all 50 states. Finally, LGBT married couples would be treated the same as heterosexual married couples in the areas of parentage and...
29 Jan 2019 American Bar Association Ratifies 2019 ART Model Act
I’ve spent the past few days at the American Bar Association’s Midyear Meeting in sunny Las Vegas. It is always an honor and privilege to represent the ABA Assisted Reproduction Technology Committee (ART) and the Family Law Section in front of the ABA’s House of...
06 Mar 2018 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, including the parentage of children born via assisted reproductive technology. The new law, signed by...
30 Jun 2017 It’s A Book!
It’s finally out, in paper and in e-version! After three years of writing, rewriting, editing, proofreading and more of the same, as I was talking to potential intended parents in Shanghai and Taiwan a week ago, the book I co-wrote with colleague and fellow ART...
03 May 2017 A Million US Babies Have Been Born Via ART
The Society for Assisted Reproductive Technology, or SART, announced May 2 that, with preliminary 2015 data in, more than 1 million babies have been born in the United States via in vitro fertilization and other types of assisted reproductive technology since data collection began in...
13 Aug 2016 ABA Family Law Section Chair's Cup Awarded for First Time to ART Attorneys
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 by outgoing Section Chair Greg Ortiz. The award was presented jointly to me and my...
18 Jul 2016 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.
06 Apr 2016 ABA Approves Model Act for Assisted Reproduction Agencies
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 some form of ART. The financial cost to Intended Parents seeking to create a family...
31 Mar 2016 ABA Recommends Protecting Children’s Citizenship Rights
As more and more intended parents seek to create families via international surrogacy, national governments have been forced to consider their rules for parental recognition and citizenship of the resulting children. All too often children born via international surrogacy have been denied citizenship in their...
20 Oct 2014 ART for HIV+ Intended Parents is Hot Topic at Professional Conferences
I am fortunate to participate in two great professional conferences, both of which bring together some of the best minds in assisted reproductive technology to share best practices and advance knowledge in the field. The first, just ended on Saturday, Oct. 18, was the American...
09 Jun 2014 National Coalition Brainstorms Best Policies and Practices for ART Families
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. ...
16 May 2014 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. ...
20 Nov 2013 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 Global Approach to Family Formation In the United States and Abroad,” attracted presenters and attendees...
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