Legal Framework of Assisted Reproduction: Healthcare Considerations

With the exponential advancement in science and technology making assisted reproduction possible, families waiting to have children later in life, and same sex and single parents, attorneys need to understand their clients’ options and the intersection with healthcare providers and companies that support modern family building.  The program will also review disputes and how to avoid potential client risks.  It is a nuanced and complex area of law, with ethical, biological, and social considerations, and involves individuals, court systems, and healthcare providers across state and international borders.

Attorneys will gain an in-depth understanding of the healthcare and reproductive law ecosystem, diving into the complex dynamics of third-party reproduction, including the array of contracts, providers, and parties involved. They will learn how to understand and mitigate risk and how to support families through embryo creation and disposition. The program will provide attorneys with information on the types of clients and third parties involved, contract drafting and review, notable court cases, and how to navigate counseling clients across jurisdictional issues.

Attorneys in private practice who seek to offer services related to third-party reproduction of surrogacy and egg, sperm, and embryo donation, and to understand what their clients are agreeing to with third parties involved in assisted reproduction, are encouraged to attend. Furthermore, attorneys in family law need to know how to navigate embryo and gamete donation and disposition in the overlap with divorce, custody, and estate planning. Attorneys who work in-house or in academia who seek to understand the dynamics of healthcare providers and third-party reproduction may also find this helpful program.

This program is suitable for those just starting in legal practice and interested in family law, healthcare, or assisted reproductive technology, or those later in private practice or academia who want to expand their knowledge in this growing field.

Learning Objectives:

• Review the unique terminology and entities involved in the intersection of healthcare and reproductive law
• Understand the contracts between attorneys, agencies, individuals, healthcare providers, family members, and other entities in assisted reproduction
• Navigate Family law and the overlap with assisted reproduction
• Counsel clients and companies on the framework and risks associated with healthcare and assisted reproduction
• Understand the overlap of legal dynamics between contracts, court systems, healthcare and insurance providers, and state and federal law that can impact each surrogacy or gamete donation process
• Assess current and shifting state court cases and laws and cross-state and national jurisdictional issues in reproductive law
• Review of state and federal disputes in healthcare and reproductive law