The Brave New World of Custody in Assisted Reproduction

1. Custody of Embryos and Frozen Sperm Below is a summary of some of the issues that can take place when trying to determine which spouse gets custody of shared embryos in divorce proceedings. a. New Technology and the Law New medical technology has allowed many women the ability to get pregnant, which was not possible a few years ago.1 However, new technology has created new legal and ethical issues that state law has not appropriately addressed in most circumstances. b. Case Examples In Litowitz v. Litowitz, a couple had two embryos formed with donor eggs, and the husband’s sperm,


Actor Jason Patric fights for custody of his son & sperm donor rights

“The Lost Boys” actor Jason Patric is in a heated battle with his ex-girlfriend to determine whether certain sperm donors should be granted parental rights.Patric took his case to California lawmakers after the ruling of a judge stated that he had no rights to his son Gus, age three, who was conceived with ex-girlfriend, Danielle Schreiber, through in vitro fertilization. The couple’s views differ on what role Patric was to play in the child’s life. Patric said he signed an “intended parent” document and spent significant time with his son until his access was cut off by Ms. Schreiber. Schreiber’s


Infertility solutions and the risks involved

Prospective parents struggling with conception should know what may be causing their issues and how to address them, as well as possible legal risks involved. For many people living in Illinois, it is a dream to have a family and raise children. However, it is not a simple dream to achieve for everyone. There are a number of reproductive deficiencies and health problems that can prevent one or both spouses in a marriage from being able to conceive a child naturally. For people facing this kind of situation, it is important for them to know the signs that they should


How to establish a successful surrogacy arrangement

Surrogacy offers a wonderful pathway to parenthood for couples unable to conceive or carry a child. However, unless you’re careful, legal pitfalls can doom the arrangement from the start. For couples who cannot have children naturally, advances in reproductive technology have led to new horizons in overcoming infertility. One such advance – in vitro fertilization (IVF) – allows couples who struggle with fertility to have biological children. For those unable to carry the child to term, surrogacy is a promising pathway for bringing a son or daughter into the world. What exactly is surrogacy? In a gestational surrogacy arrangement, a


Surrogacy Agreements: The Latest Case Law and Drafting Tools

Assisted Reproductive Technology and the Law According to a 2014 New York Times article, there is no federal surrogacy law, and state laws vary wildly. Seventeen (17) states have laws permitting surrogacy, twenty-one (21) states have no law or published cases regarding surrogacy, in five (5) states surrogacy contracts are void and unenforceable, and in Washington D.C. surrogacy contracts carry criminal penalties.1 The results of such wide-ranging laws from state to state can be catastrophic. In one story of the effect of state laws on surrogacy contracts, experienced surrogate mother Crystal Kelley executed a surrogacy contract with intended parents in


Kansas Court ruling: Sperm donor ordered to pay child support

A Kansas sperm donor who tried to help a lesbian couple by making his donation five years ago has found himself caught in the middle of a child support case and is now asked by the state to pay child support. William Marotta says he signed documents waiving his parental rights, but Shawnee County District Court Judge Mary Mattivi disagrees. Marotta is ordered to pay child support on grounds that he failed to conform to Kansas law, which states that a licensed physician must be involved in an artificial insemination process. Documents show that the lesbian couple performed the artificial


Prenuptial Agreements Line by Line

Aspatore Books from Thomson Reuters Westlaw

Strategies For Family Law Illinois

Aspatore Books from Thomson Reuters Westlaw

Strategies For Military Family Law

Aspatore Books from Thomson Reuters Westlaw

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