Law and Assisted Reproduction

This course will cover the legal issues that arise from Assisted Reproduction, with particular emphasis on IVF, gamete donation, surrogacy, genetic screening and alteration, and new technologies on the horizon, such as in vitro gametogenesis (creating new gametes from stem cells) and ectogestation (carrying a fetus to term outside of a human body). 

This class will consider how prospective parents jurisdiction shop, contract around, or operate in the shadow of the law to establish families of choice. It will consider the determination of parentage in cases of donor gametes and surrogacy, the particular challenges same-sex couples encounter, the possibilities for recognition of more than two legal parents, a comparison of adoption with other methods of establishing parenthood, domestic choice of law and international parentage issues, issues surrounding donor compensation and anonymity, sperm, egg, and embryo freezing, embryo disposition (including donation for research and reproduction), IVF business practices, and the use of CRISPR for reproductive purposes. The course will emphasize advising clients in the face of legal uncertainty, and it will include in depth contract drafting exercises. The grade will be based on a combination of the drafting exercises and a final exam.