Vol. 39, No. 3, Fall 2005
Symposium on Assisted Reproductive Technology
Bruce Lord Wilder, Current Status of Assisted Reproduction Technology 2005: An Overview and Glance at the Future, 39 FAM. L.Q. 573 (2005).
What started out as an effort to help married couples fulfill their dreams of having genetically related children has, within just a few short years, triggered a revolution about how we think of parentage, marriage, and even gender identification. This article sets the stage for this special issue: a symposium on assisted reproduction technology (ART) and introduces the authors and articles.
Charles P. Kindregan, Jr. & Maureen McBrien, Posthumous Reproduction, 39 FAM. L.Q. 579 (2005).
This article explores the complicated topic of children conceived after the death of one or both of their genetic parents and how courts are resolving disputes over the status of parents and children. Although until recently, disputes focused on the inheritance rights of children, new technologies, such as in vitro fertilization, surrogacy, cryopreservation of gametes and embryos, and (someday) human reproductive cloning, have created the potential for an entirely different set of legal issues. This article explores some of the evolving issues created by the use of cryopreserved gametes and embryos after the death of one or both gamete providers.
Susan L. Crockin, The "Embryo" Wars: At the Epicenter of Science, Law, Religion, and Politics,
39 FAM. L.Q. 599 (2005).
This article examines stem cell research and what the law has and has not been able to resolve with respect to in vitro fertilization embryo disposition options; the evolving statutory and case law in this area; some of the scientific distinctions made between different types of embryos; and the legal and law-related policy aspects of the current debate over embryos that arise from advances in and potential for stem cell research.
Steven H. Snyder & Mary Patricia Byrn, The Use of Prebirth Parentage Orders in Surrogacy Proceedings, 39 FAM. L.Q. 633 (2005).
This article examines prebirth parentage orders in surrogacy proceedings. The decision to obtain such an order depends in part on the law that governs the proceeding and the type of proceeding that is arranged. The author discusses the various types of third-party reproduction relationships and why prebirth orders are useful. She describes both traditional and gestational surrogacy arrangements and concludes that such orders are not appropriate in cases where any type of adoption proceeding is required to give effect to the parties' intent.
Susan B. Apel, Cryopreserved Embryos: A Response to "Forced Parenthood" and the Role of Intent, 39 FAM. L.Q. 663 (2005).
This article explores the role of intent in determinations of paternity. The author examines the "intended parenthood" doctrine in cases involving assisted reproductive technologies, in which biological ties are often subordinated. Instead, those who have evidenced the "intent to parent" are determined to be the legal parents. The author is concerned that this doctrine is being applied, erroneously, in cases in which individuals seek not to form, but to deny, parent-child relationships. She is particularly critical of the provisions of the Uniform Parentage Act which employ this intended parent doctrine to negate paternity of those children born of cryopreserved embryos following divorce.
Courtney G. Joslin, The Legal Parentage of Children Born to Same-Sex Couples: Developments
in the Law, 39 FAM. L.Q. 683 (2005).
This article examines how the law generally treats children born to married couples through assisted reproduction and compares that treatment to the historical treatment of children born through similar means to same-sex and other unmarried couples. The author examines the case law that has developed over the last fifteen years in addressing the legal parental status of the nonbirth parent in a same-sex relationship where the couple did not complete a second-parent adoption as well as recent holdings that a same-sex or other unmarried partner who consents to bring a child into the world through assisted reproduction is the child's legal parent.
Cyrene Grothaus-Day, Criminal Conception: Behind the White Coat, 39 FAM. L.Q. 707 (2005).
This article presents an overview of the magnitude of crimes committed in the ART industry and how white-collar-crime statutes may be used to prosecute such offenses. It describes the medical procedures involved and reviews cases illustrating the types of white-collar crimes uncovered and the application of federal statues to address them.
David Adamson, Regulation of Assisted Reproductive Technologies in the United States, 39
FAM. L.Q. 727 (2005).
The regulation of any social activity is complex, especially in medicine where the interests of patients, professionals, society, and government can be in conflict. A unique area of regulatory concern involves the assisted reproductive technologies (ART) in which usually two, but sometimes one and sometimes three or more, persons and/or gamete sources and/or embryos with varying legal relationships are involved. Early professional voluntary standards for clinical practice, laboratories, and ethical issues are reviewed in this article, as is the development of mandatory reporting through the Centers for Disease Control and recent regulations from the Food and Drug Administration. International regulatory comparisons, advantages, and disadvantages of regulation and future directions are discussed.
Nigel M. de S. Cameron, Pandora's Progeny: Ethical Issues in Assisted Human Reproduction,39 FAM. L.Q. 745 (2005).
This article reviews the major regulatory contexts of the ethical issues in assisted human reproduction and reviews the two standard positions repudiating ART (the magisterium of the Roman Catholic Church and the "procreative liberty" view). The author explores the role of intent in assisted reproduction techniques: the screening of embryos for defects using preimplantation genetic diagnosis, and research using human embryos. He concludes with a review of several controversial cases that have resulted from the use of the technology.
J. Thomas Oldham, How an Eccentric Eyeglass Manufacturer Revolutionized Assisted Reproduction in the U.S.(A Review of The Genius Factory by David Plotz) 39 FAM. L.Q. 781(2005).
The author reviews The Genius Factory by David Plotz.
June Carbone, Law, Politics, Religion, and the Creation of Norms for Market Transactions (A Review of The Birth of Surrogacy in Israel by D. Kelly Weisberg), 39 FAM. L.Q. 789 (2005).
The author reviews The Birth of Surrogacy in Israel by D. Kelly Weisberg
Lynn D. Wardle, Autonomy, Protection, and Incremental Development in Family Law (A Review of Family Law in America by Sanford N. Katz), 39 FAM. L.Q. 805 (2005).
The author reviews Family Law in America by Sanford N. Katz
Karly A. Grossman, Transsexuals and the Legal Determination of Sex, 39 FAM. L.Q. 821 (2005).
This article explores the issues confronting courts as they attempt to determine a transsexual's individual sex, often as a matter of first impression. The author examines the two schools of thought followed by courts in this area and why both are inadequate in addressing the complexities of sex identity.
Melissa A. Kucinski, New York's Recognition of Same-Sex Marriages, 39 FAM. L.Q. 841 (2005).
This article analyzes whether one state must recognize a validly contracted marriage from another state or country. The author explains the concept of lex loci contractus, that a marriage, if valid where contracted, is valid everywhere, and then looks at the exceptions, including New York's public policy exception. The author poses several questions relevant to whether New York should or may recognize validly entered same-sex marriages: (1) states' arguments for limiting marriage to two individuals of the opposite sex, (2) the residence of same-sex spouses at the time of the marriage, (3) the federal Defense of Marriage Act, and (4) civil unions.
Matthew Pakula, A Federal Filial Responsibility Statute: A Uniform Tool to Help Combat the Wave of Indigent Elderly, 39 FAM. L.Q. 859 (2005).
The article highlights the public policy issues associated with the creation and enforcement of filial responsibility statutes as baby boomers create a wave of potentially indigent elderly in need of assistance from their adult children. The author a brief history of civil and criminal filial responsibility laws and proposes a federal filial responsibility statute, incorporating provisions from various state statutes and discusses potential pitfalls of such a statute.
Publication Date: Fall 2005