BarbriSFCourseDetails

Course Details

This CLE course will address current issues in assisted reproductive technologies (ART) law, including how the analysis of those issues is impacted by the Alabama Supreme Court’s decision in LaPage v. The Center for Reproductive Medicine, P.C., ___ Ala. ___ (2024).

Faculty

Description

ART continue to evolve and present complex issues for practitioners. Understanding the underlying medical technologies from surrogacy to In vitro fertilization is now more critical than ever. Not every ART practice is legal in every jurisdiction and could result in claims of negligence or fraud.

Defining the nature and substance of the results of ART is not merely a matter of private contract alone, creating uncertainty when attempting to document the rights of the respective parties to use and control those ART results. LaPage appears poised to have a profound effect on individuals, lawyers, and businesses in Alabama and on contracts governed by Alabama law, and to be influential in other jurisdictions.

Outside Alabama, counsel must ensure that all prerequisites are addressed before contract drafting and must map out in advance how parentage will be secured for the intended parents as well as the impact of marriage (or lack of) and divorce.

Listen as our panel of ART law experts discusses the technologies and legal issues and provides solutions to the challenges facing practitioners in this field.

Outline

  1. Background on ART
    • IUI, IVF
    • Sperm, egg, and embryo donation
    • Surrogacy
    • Postmortem retrieval and posthumous conception
  2. LaPage and its impact
  3. Contract drafting
  4. Parental rights
    • Overriding presumptions
    • LGBTQ+ legal considerations
  5. Potential claims against ART providers
    • Negligence/applicate duty and standard of care
    • Fraud/other misrepresentation

Benefits

The panel will review these and other relevant matters:

  • Developing familiarity with ART law
  • Understanding the science needed to analyze the issues
  • Recognizing complex questions of parental rights
  • Drafting strategies and avoiding pitfalls