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The Basics of Assisted Reproductive Technology Law

 

Understand the legal processes involved with different forms of collaborative reproduction for same-sex and different-sex couples.

An estimated 15% of different-sex couples and 100% of same-sex couples are unable to conceive the old-fashioned way. As society becomes more progressive, different-sex couples have more options to conceive if they are unable to do so without intervention and same-sex couples are increasingly vocal and active about their desire to have children. Enter collaborative reproduction. The advent of medical technology allowing gamete donation, in vitro fertilization and embryo transfer, and gestational surrogacy has opened a myriad of options. The legal issues that can arise with collaborative reproduction are numerous and technical. This course will introduce you to some basics of practice in the field of Assisted Reproductive Technology law, teach you terms, and identify thorny issues that can arise in drafting agreements and establishing parentage. While these matters vary widely by state, there are basics that any lawyer must understand when delving into this practice or even while working with individuals or couples in estate planning, dissolution, or immigration matters when there has been the use of reproductive technology.

Agenda

Faculty

Elizabeth F. Schwartz

Elizabeth F. Schwartz

Elizabeth F. Schwartz, PA

  • Principal, Elizabeth F. Schwartz, P.A.
  • Attorney and activist for the LGBTQ+ community for over 25 years
  • Practice focuses on family formation (adoption, insemination, and surrogacy) and dissolution, and estate planning and administration and dissolution
  • Author of the book Before I Do: A Legal Guide to Marriage, Gay and Otherwise (The New Press, 2016)
  • Author of “LGBT Issues in Surrogacy” in the Handbook of Gestational Surrogacy, ed. E. Scott Sills (Cambridge University Press, 2016)
  • Served as counsel on victorious cases challenging Florida’s marriage ban brought by the National Center for Lesbian Rights (NCLR) on behalf of six same-sex couples and members of the Equality Florida Institute seeking the right to marry (Pareto v. Ruvin) and suing Florida for fair issuance of birth certificates to same-sex married couples (Chin)
  • Served as counsel in several cases that helped overturn Florida’s bigoted 1977 ban forbidding gays and lesbians from adopting children
  • Board certified by the Florida Bar in Adoption Law
  • Fellow of the Academy of Adoption & Assisted Reproduction Attorneys
  • University of Miami Law School 1997, University of Pennsylvania, 1993
  • Can be contacted at 305-674-9222 or [email protected]
Joanna Beck Wilkinson, J.D.

Joanna Beck Wilkinson, J.D.

The Law Offices of Mary Beck

  • Partner at the Law Offices of Mary Beck
  • Practice limited to adoption and assisted reproduction law
  • Represents intended parents, gestational carriers, and gamete donors in all aspects of collaborative reproduction, from negotiating and drafting gestational carrier and gamete donor agreements through the parentage actions that legally establish and disestablish parental rights
  • Participates in legislative advocacy with the goal of ensuring permanency for Missouri children
  • Presents at conferences and seminars on various adoption and collaborative reproduction law topics
  • Guest lectures at Washington University and University of Missouri law school on the subjects of sex, reproduction, and the law
  • Fellow of the American Academy of Adoption & Assisted Reproduction Attorneys
  • J.D. degree, University of Minnesota Law School; B.A. degree in economics, Loyola University Chicago
  • Can be contacted at [email protected] or 314-962-0292

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