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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 topic will introduce you to some basics of practice in the field of Assisted Reproductive Technology law, and learn 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 use of reproductive technology.

89 minutes
Certificate of Completion
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Overview of ART Law

  • History
  • Medical Technology
  • Traditional vs. Gestational Surrogacy
  • Definitions and Lingo
  • The Three Steps:
    • Ocontract
    • Oestablishment of Legal Parentage
    • Ovital Records

Common ART Law Issues

  • Experience and Competence
  • Contract Issues
    • Drafting
    • Unauthorized Practice of Law
    • How the Contract Can Affect Establishment of Parentage
  • Planning for Parentage and Vital Records
  • Conflicts of Interest
    • Escrow
    • Independent Representation
    • Matching Programs

Addressing ART Law Issues

  • Know Your State's Law
    • Contracts
    • Parentage
    • Education
  • Importance of a Written Agreement
    • Helping Clients Understand What a Contract Does Do
    • Helping Clients Understand What a Contract Does Not Do
  • Following ASRM Guidelines
    • Escrow
    • Counseling
    • Mental Health Eval
    • Independent Counsel
  • Estate Planning: What Estate Planning and Divorce Lawyers Need to Know About ART
  • Foresee Common Issues
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, New Hampshire, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on July 24, 2019.

Call 1-866-352-9540 for further credit information.

  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • OR CLE 1.5
     
  • Approved for 1.5 CLE credits in Oregon.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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
  • Graduate, Harvard Law School; graduate, Barnard College
  • Can be contacted at 305-674-9222 or [email protected]
Joanna Beck Wilkinson, JD

Joanna Beck Wilkinson, JD

The Law Offices of Mary Beck

  • Senior associate 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 stages of collaborative reproduction, from negotiation of contracts through establishment of parentage
  • 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
  • Fellow of the American Academy of Adoption and Assisted Reproduction Attorneys
  • Academy of assisted reproductive technology attorneys
  • J.D. degree, University of Minnesota Law School; B.A. degree, economics, Loyola University Chicago
  • Can be contacted at 314-962-0292 or [email protected]
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Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 405822
Published 2019
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