Assisted Reproduction and the Family – 6060
This course will cover the legal issues that arise from Assisted Reproduction with particular focus on the effect on the family. While Assisted Reproduction is lightly regulated generally, the determination of parentage for the resulting children is a critical issue for family recognition and stability. State laws vary from full recognition of families of choice, to hostility toward same-sex, single and other non-traditional parents, to everything in between. 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 cloning techniques for reproductive purposes. The course will emphasize advising clients in the face of legal uncertainty, and it will include drafting exercises that address gamete donation and surrogacy contracts, and IVF clinic policies. The grade will be based on a combination of the drafting exercises and a final exam.