Evolution of Parentage Laws in Assisted Reproductive Technology
Explore the evolution of parentage laws in assisted reproductive technology (ART) from traditional presumptions to modern DNA testing, encompassing changes in ART practices and laws over the years. Unravel the impact of landmark moments such as the birth of the first IVF baby, Louise Brown, to contemporary ART laws eliminating gender and marital status biases.
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MILLENNIAL PARENTAGE Who is a parent in 2015? mil len nial mi len l/ noun plural noun: millennials; plural noun: Millennials The demographic cohort following Generation X. There are no precise dates when the generation starts and ends. Researchers and comentators use birth years ranging from the early 1980s to the early 2000s.
SURRATT LAW PRACTICE Nevada and California Attorneys Las Vegas and & Reno, Nevada 12 Years of Assisted Reproductive Experience AAARTA Fellow American Fertility Association American Society of Reproductive Medicine Resolve National LGBT Bar Association Nevada State Bar Family Law and LGBT Sections Lobbyist Chair for NJA & Sections of State Bar Nevada Supreme Court Bench Bar Committee
DEFINITIONS ART ABA Model Act versus UPA Third Party Reproduction Artificial Insemination, IUI, IVF Intended Parent Gestational Carrier Traditional Surrogacy Recipient Parents
Old Fashioned Paternity and Maternity Rebuttable Presumptions: 1. Married to woman who gives birth presumed dad 2. Woman gives birth presumed mom 3. Cohabitating with woman pre and through conception 4. Attempted marriage 5. During minority father receives child into his home and openly holds out the child as his natural child Conclusive Presumption: 1. DNA test
THE START OF ART LAWS 1978 First IVF Baby, Louise Brown, Born in London 1981 First US IVF Baby Born 1984 First Live Birth from Donor Oocytes 1992 Fertility Clinic Success Rate and Certification Act mandated CDC to collect ART cycle information
CHANGES IN ART 1990: 122 BIRTHS FROM DONATED EGGS 2006: 13,984 FRESH/FROZEN DONOR EGGS 2012: 19,847 FRESH/FROZEN DONOR EGGS
EXAMPLE OF A NEW ART LAW Nevada Effective 2013 Gender Neutral Marital Status Neutral Eliminated Old Surrogacy Statute Eliminated Old Artificial Insemination Statute
NEVADA EGG, SPERM & EMBRYO DONATION Old law: Sperm Only, Married, Physician Assisted New law: Includes eggs and embryos New law applies to unmarried co-parents New law no requirement to be physician assisted
Intentional Parenthood 1. Paternity Holding Out 2. Consent with Intent 3. Must be in signed record 4. If not, if they reside together first 2 years of child s life and hold child out as their own. 5. Contested spouse actions must happen in first 2 years of learning of birth of child. 6. Consent can be withdrawn. 7. St Mary v. Damon
GESTATIONAL CARRIER AGREEMENTS 1. Old Law 2. New Law 3. Marital Status Neutral 4. Gender Neutral 5. No Traditional Surrogacy 6. Compensation Allowed 7. Contract Before Medical 8. Attorneys Required 9. Pre-Birth Orders Allowed
CURRENT ART WORLD ASRM has created guidelines for gamete and embryo donation The guidelines include medical and psychological screening of recipients and donors ASRM also created recommendations for practices utilizing gestational carriers. Agencies have popped up everywhere for matching of donors and surrogates
CURRENT ART WORLD Parentage is State Dependent States are either prohibitive, restrictive, permissive, or silent. Surrogacy restriction often turns on compensation Pre-Birth Parentage Debate Parentage Process Varies dramatically
CURRENT ART WORLD Distinctions of known versus anonymous Agency or No Agency Independent Legal Representation Screening Process Insurance Concerns Embryo Adoption versus Donation
ART CONTRACT ISSUES Termination/Selective Reduction Reimbursement/Payments Breach Provisions Insurance Parentage Determination Confidentiality Future Contact Management of Pregnancy Death of Intended Parent or Divorce
MARRIAGE EQUALITY Versus Parentage Equality Presumptions Full Faith and Credit Questions Battle of Jurisdictions Step Parent Adoptions Unmarried Couples
Domestic Partnerships Equals Marriage State Benefits No Federal Benefits Parenting Agreements Full Faith and Credit
FINAL QUOTES Although there are many trial marriages, there is no such thing as a trial child. Gail Sheehy What does the future hold? Advances in technology? Advances in legal authority? International ART changes? Ethical Concerns?
SURRATT LAW PRACTICE, PC www.LawyersForFamilies.com Reno Phone: 1-775-626-8200 Las Vegas Phone: 1-702-318-7095 3705 Lakeside Drive Reno, Nevada 89509 3303 Novat St., Ste 101 Las Vegas, Nevada 89129
