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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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.

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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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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…

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Class Action Settlement Ends Price Guidelines for Egg Donor Fees

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…

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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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Seminar Offers Answers to LGBT People Considering Parenthood Via ART

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…

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