Legally Speaking

A column highlighting recent court decisions affecting the assisted reproductive technologies and the families they create, written by Susan L. Crockin, J.D.  

“Legally Speaking: A Column Highlighting Recent Court Decisions Affecting the ARTs and the Families They Create” returns to ASRM amidst extraordinary legal developments impacting the assisted reproductive technologies. The column will appear online monthly in ASRM News, with links to court decisions for those who wish to delve directly into the courts' opinions. There will be guest authors to add expertise and unique perspectives related to significant legal topics. “Legally Speaking®” will continue its commitment to not only report on new and noteworthy court cases but also analyze their potential impact and significance on the practice of ART.  --Susan Crockin, JD

More Frozen Embryo Disputes

Legally Speaking May 19, 2015

Movie stars are once again making ART news. In this recent twist, an ex-fiancee, Nick Loeb, has filed suit seeking sole “custody” of two “female embryos” he created with actress and “Modern Family” star Sofia Vergara which he alleges have a “right to live.”

Sperm Donor Not Entitled to Notice of Married Lesbian Couple’s Co-Parent Adoption

Legally Speaking May 19, 2015

Massachusetts is once again in the forefront on same-sex marriage and parentage issues in a case clarifying the status of sperm donors whether known or anonymous.

Courts Continue to Confront International Cross-Border Surrogacy Cases

Legally Speaking May 19, 2015

In the past year there has been increasing legal scrutiny of cross-border surrogacy. Australia, France, and Italy are three countries that have had highly significant cases and emerging shifts in their national policies involving international surrogacy.   

Virginia court rules home insemination falls outside Assisted Conception law and man declared legal father

Legally Speaking May 19, 2015

The Virginia Court of Appeals on April 21st ruled in favor of a Robert Broadwine who provided sperm to his single friend, Joyce Bruce, for artificial insemination she performed in her home with a turkey baster.

Sperm Bank sued by parents of 7 year old

Legally Speaking May 19, 2015

A Canadian couple have sued their sperm donor and Xytex Sperm Bank after they learned contradictory information about the background of their 7 year old child’s sperm donor.

Shepherd-Sally Surrogacy agreement upheld

Legally Speaking May 19, 2015

On April 21st, a Pennsylvania trial court upheld the gestational surrogacy agreement between Sherri Shepherd, her estranged husband Lamar Sally, and gestational surrogate Jessica Bartholemew.  The couple had used donor egg and separated during the pregnancy, with Shepherd claiming the agreement was not enforceable, that she was not the biological or legal mother, and therefore had no financial or other responsibilities for the child.

US Tax Court clarifies that income received by egg donors is taxable income: guest author Nidhi Desai, J.D.

Legally Speaking February 20, 2015

On January 22nd, 2015, the United States Tax Court held that an egg donor’s compensation, despite being characterized as “pain and suffering,” is not excludable from income but is taxable gross income as defined under the IRS code (“I.RC.”). 

Celebrity’s Mid-Surrogacy Divorce, Attempt to Void Surrogacy Agreement and Deny Maternity

Legally Speaking January 22, 2015

The fall-out from a high-profile divorce and mid-surrogacy change-of-mind case continues, with the financial impact now falling on the gestational surrogate as well as the child.

US Supreme Court Agrees To Hear Same-Sex Marriage Cases

Legally Speaking January 22, 2015

On January 16th, the US Supreme Court announced it would hear same-sex marriage challenges resulting from the split in the federal circuits on the issue.

Beware the Perils of Gamete Friending: guest author Judith Daar, J.D.

Legally Speaking December 10, 2014

Beware the Perils of Gamete Friending by guest author Judith Daar, J.D.The growing influence of social media and cyber communication in our daily lives has desensitized us to the impact of sharing highly personal aspects of our persona. It should be no surprise that this culture of sharing has invaded the world of reproductive medicine through the practice of gamete friending. 

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