Sponsored with Flaschner Judicial Institute

Date: Thursday, October 23, 2008

Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 04:00 PM - 08:00 PM

As the use of Assisted Reproductive Technology (ART) becomes more common, legal issues crop up in many fields of law. Reported cases include divorce, same-sex unions, parentage, tort, medical malpractice, contract, criminal, social security, probate, estate planning, and other fields. This program provides an introduction to the law and science of ART. Through a discussion by the expert panelists of a series of problems that illustrate the possible legal issues, you will learn about the existing law and the potential impact of the new ABA Model Act.

In addition to benefiting from the oral presentations, attendees will receive a copy of the American Bar Association 336 page book titled Assisted Reproductive Technology: A Lawyer’s Guide to Emerging Law and Science, by Charles Kindregan of Suffolk University Law School and Maureen McBrien of Todd and Weld in Boston and a copy of the new Model Act on ART, approved by the American Bar Association in 2008.

Do sperm providers have the right to regular contact with children when there was no agreement before the donation?

Should a sperm provider be held liable for child support when he was told that his identity would be secret?

It is possible to withdraw consent after pre-embryos have been produced and cryopreserved?

Should the court apply the sperm donor provision equally to an ova donor?

What are the rights and responsibilities of same-sex couples when there has been alternative insemination?

If a surrogate failed to comply with health and testing requirements provided for in the surrogacy contract, and the child is born with a severe medical condition, does the surrogate’s failure to comply with those terms render the agreement unenforceable?

If a court of one state issues a prebirth parentage judgment, are other states required to accord full faith and credit to the judgment?

In a divorce case which spouse has a legal right to decide how to dispose of excess pre-embryos?

Does permitting a single woman to have access to a man’s semen over the objection of the man’s surviving wife violate public policy?

MODERATOR: CHARLES P. KINDREGAN, JR.

PART I: INTRODUCTION
Discussion of what the lawyer needs to know about intrauterine insemination, in vitro fertilization, gestational surrogacy, embryo transfer, posthumous reproduction with cryopreserved gametes and embryos, and the potential of reproductive cloning. The contemporary family and the use of assisted reproductive technology. The rights and interests of individuals and couples who are involved in the procreative process using ART, including status of donors and recipients and consent issues.

PART II: SURROGACY
The evolving decisional law on surrogate parenting. Distinguishing traditional and gestational surrogacy, with particular emphasis on the law governing the latter under Massachusetts case law and that from other states. What the lawyer needs to know about gestational surrogacy agreements, including contents of the agreement, expenses and compensation, representation of parties, choice of applicable law, conflict of laws, and breach of contract. Obtaining pre-birth parentage orders in the Massachusetts Probate and Family Court.

PART III: FROZEN EMBRYOS
The transfer and disposition of unused cryopreserved embryos and their status in divorce cases and same-sex unions. The posthumous use of a deceased person’s embryos.

PART IV: CHILD SUPPORT AND CUSTODY
Issues of custody and support as to children of assisted reproductive technology, including non-biological co-parent domestic partners, same-sex marriage partners, and traditional marital partners.

PART V: DAMAGES
Liability issues affecting assisted reproductive technology. Liability for misplaced or lost embryos, lack of consent, use of damaged or diseased sperm, and breach of contract.