Legally Speaking

A column highlighting recent court decisions affecting the assisted reproductive technologies and the families they create, written by Susan L. Crockin, J.D. and guest authors who offer unique perspectives and expertise on significant legal topics.  

Supreme Court, Surrogacy, and Children Born Abroad

Stories: All Eyes on the Supreme Court; USCIS Expands Definition of “in wedlock” for Children Born Abroad for US Citizenship; US Surrogacy Legislative Updates: Colorado and Wyoming enact new surrogacy laws; Update on the Uniform Parentage Act 2017; Israeli Supreme Court Strikes Down Surrogacy Ban for Gay Men as Discriminatory; France Expands ART Laws, Leaves Surrogacy Ban Unchanged

Surrogacy Updates

As Legally Speaking went to press, Colorado passed HB21-1022 and the governor signed the bill into law on May 6, 2022. The law creates the "Colorado Surrogacy Agreement Act," which will provide significant legal protections and guidance to gestational surrogacy in that state. A detailed report of that law will appear in a future Legally Speaking column.

Sperm Donor Sues Bank Over Sperm Allegedly Withdrawn from Donation

Another lawsuit has been filed by a man claiming his sperm was used without his consent. The lawsuit, filed in federal district court in California against a sperm bank, is currently in what is called the “pleadings” stage, where after a “motion to dismiss” is filed, the facts are preliminarily accepted as true and the court’s task is to determine whether the alleged facts—if proven—state a legal cause of action so the case can proceed or not. In this case, the court upheld eight, and dismissed two, of the ten alleged legal theories.

Legislative Updates and Fertility Fraud Update

New York’s long-awaited Child Parent Security Act (CPSA), which allows compensated surrogacy, went into effect February 15, 2021. CPSA law addresses and regulates gestational surrogacy only, not traditional/genetic surrogacy, and expressly allows compensation for gestational surrogates along with multiple required protections.
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