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Legally Speaking

Fertility Fraud: An Update

News about “fertility fraud” legislation and lawsuits is appearing with increasing frequency in national and international headlines. Currently, California, Indiana, and Texas have bills criminalizing fertility fraud.

Focus on Genetic Testing

Litigation involving mistakes in genetic testing outcomes or reports are not new, but the exponential increase in genetic testing in assisted reproductive technologies, including carrier screening, PGT, using mosaic embryos and the potential for gene-editing, has fueled new genetic-based lawsuits and variables.

Arizona Court Awards Embryos to Ex-Wife and Other Cases

Current cases in reproductive medicine include an Arizona court that reverses a lower court and awards embryos to an ex-wife; a woman sues a hospital after discovering it stored her embryo for 13 years, an Alabama judge allows a wrongful death case to be filed on behalf of an aborted fetus, and the U.S. Supreme Court rejects the review of a Colorado frozen embryo case.

State Legislatures Busy

State legislatures remain busy with various issues related to surrogacy, embryo storage, fertility fraud, and personhood, among others, while Cambodia addresses surrogacy issues.

ReproductiveFacts.org
is a patient education website of ASRM.