ASRM 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.

From ASRM News Spring 2008 Vol 42 No 1

Two Court Reversals: Father Gains Custody and Donor Awarded Maternity Rights of Donor Egg/Surrogacy Triplets; Lower Court Ordered to Decide if Surrogate Breached Valid Contract and Damages J.F. v. D.B., 879 N.E.2d 740 (Ohio 2007); and 897 A.2d 1261 (Pa. Super. 2006), cert. denied, 589 Pa. 739 (2006)
Pennsylvania Reverses Child Support Order and Upholds Sperm Donor Agreement Between Former Lovers Ferguson v. McKiernan, 940 A.2d 1236 (Pa. 2007).
RECAP: Vermont High Court Reaffirms Parental Status Based on Civil Union
Miller-Jenkins v. Miller-Jenkins, AP, Boston Globe (3/15/08)
Rising Interest in International "Reproductive Outsourcing" Generates Legal and Ethical Concerns.. NY Times, January 3, 2008, March 10, 2008; and Washington Post, January 2, 2008.
RECAP: U.S. Supreme Court Refuses to Hear Texas Frozen Embryo Dispute
Roman v. Roman, 193 S.W.3d 40 (Tex. App. Hous.1st Dist. 2006), cert. denied, 76 U.S.L.W. 3497 (U.S.2008) (3/17/08)

From ASRM News Winter 2008 Vol 41 No 4

New Hampshire Court Denies Paternity in Posthumous Birth. Khabbaz v. Commissioner, Social Security Administration, 930 A.2d.1180 (N.H. 2007)
Kansas Upholds Sperm Donor Law Requiring Written "Opt-Out" for Fatherhood. In the Interest of KMH and KCH, In the Matter of the Paternity of KCH and KMH, No.96,102 (Kansas 2007)
Traditional Surrogate Granted Full Custody of Child. Eckerd v. Lamitina, OrlandoSentinel.com, Florida Times-Union (10/11/07)
RECAP: Genetic Mother Deemed 2nd Parent of Child Born to Former Partner. K.M. v. E.G., 2005 Cal. LEXIS 9066

From ASRM News Fall 2007 Vol 41 No 3

California Court to Rule on MD's Refusal of DI Services to Single Woman. North Coast Women's Care Medical Group, Inc. v. Sup.Ct. (Benitez), 134 Cal.App.4th 712 (Cal.Ct.App.2005); app. pending.
NY Court Finds Two Posthumously Conceived Children Entitled to Inherit. In the Matter of Martin B, 2007 NY Slip Op 27306, 2007 NY Misx. LEXIS 5164 7/30/07)
Rhode Island Governor Vetoes Extension of Infertility Insurance to Unmarried Women. Vernon-Sparks, Providence Journal (7/20)
Missouri Stem Cell Amendment Runs Into Obstacles Over Defining "Cloning". NYTimes (8/10/07)

From ASRM News Summer 2007 Vol 41 No 2

Maryland Court Upholds Birth Order, Questions Baby Buying Restrictions. Roberto d. B, 2007 Md. LEXIS 269 (5/16/07)
PA Sperm Donor Ordered to Pay Child Support. Jacob v. Shultz-Jacob and Frampton, 2007 PA Super 118 (York Cty, 4/30/07)
RECAP: UC-Irvine Multi-Million Dollar Settlements Disclosed. Orange County Register, 6/26/07
New Frozen Embryo Appeal May Raise Constitutional Issues. Roman v. Roman, 2006 Tex.App. LEXIS 5804 (further appeal pending)
VA-VT Lesbian Couple's Civil Union Dissolved. Miller-Jenkins v. Miller-Jenkins, (2006 VT 78; Nos. 2004-443/2005-030); NYTimes (6/19/07); Rutland Herald (6/19/07)

From ASRM News Spring 2007 Vol 41 No 1

Final Frozen Embryo Appeal Lost in Europe. (Various;4/11/07)
NY Court Allows IVF-Sperm Mix-Up Lawsuit to Proceed Against Embryologist and Program. Andrews v. Martin, et.al. (Sup.Ct.N.Y. No. 109263/2005); The Guardian (3/27/07)
Botched Abortion Results in Healthy Child and Lawsuit. Raper v. Planned Parenthood (Boston Globe 3/7/07)
British Gestational Carrier Fights to Keep Twins. MAIL ON SUNDAY (London, 12/17/06; 1/25/07)
RECAP: Massachusetts Governor Moves to Loosen Stem Cell Restrictions. Boston Globe (3/30/07.)

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