IFLG Applauds Governor Newsom for Expanding Access to IVF in California

California Governor Gavin Newsom signed SB 729 into law requiring large group health care service plan contracts and disability insurance policies to provide coverage for the diagnosis and treatment of infertility and fertility service, including in vitro fertilization (IVF).

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Alabama High Court Ruling Deems Frozen Embryos Children, Threatens IVF and Sparks Backlash

Earlier this year, the Alabama Supreme Court ruled that all embryos are legally regarded as children, stating that Alabama’s Wrongful Death of a Minor Act applies to all unborn children, regardless of their location. By granting frozen embryos the same legal status as living children, the court's decision could dramatically alter how embryos created during assisted reproduction are managed, stored, and disposed of.

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Texas Abortion Ban Risks Women’s Health and Stretches into the World of Assisted Reproduction

With its restrictive abortion law, the state of Texas has become an example of why bans on abortion are not only a detriment to women’s rights and health, but, as time passes and lawsuits are filed, it is also giving us insight into possible far-reaching consequences in the world of assisted reproduction.

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Pandemic-Related Surge in IVF Portends More Unused Embryo Custody Disputes  

The recent pandemic-related surge in in vitro fertilization will inevitably contribute to a growing number of legal disputes over the disposition of unused embryos. The best way to avoid what…

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Washington Post Article Cites Concerns Arizona Law Gives Personhood to Embryos

Under a new Arizona law, in divorce cases involving frozen embryos, courts are mandated to award custody of the embryos to the “spouse who intends to allow the in vitro…

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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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