Reports and Recommendations
Assisted Reproductive Technology
The Model Act Governing Assisted Reproduction was drafted by the Committee on Assisted Reproduction and Genetics of the Section of Family Law of the American Bar Association. It is intended to provide model provisions that can be considered in whole or in part by legislative bodies to address many new legal issues which have arisen over recent decades. These issues have arisen from the increased use of intrauterine insemination, in vitro fertilization, surrogacy, embryo transfer and other methods of collaborative reproduction. The ABA House of Delegates approved the Act in February 2008.
Model Act Governing Assisted Reproductive Technology
American Bar Association's Section of Family Law, in a Report to the House of Delegates, has submitted the following Recommendation on cloning. The recommendation was approved the the ABA House of Delegates in August 2004.
Cloning Full Report
The American Bar Association's Section of Family Law has submitted the following recommendation on foster care restrictions on the basis of sexual orientation. The recommendation was co-sponsored by the Section of Individual Rights and Responsibilities, Commission on Domestic Violence and Commission on Homelessness and Poverty and Steering Committee on the Unmet Legal Needs of Children and was approved by the ABA House of Delegates in February 2006.
Foster Care Recommendation
Foster Care Full Report
Hague Convention on the International Recovery of Child Support
The American Bar Association's Section of Family Law has submitted to the ABA House of Delegates a recommendation that urges the Senate of the U.S. to give its advice and consent to the ratification of the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, the final text of which was adopted by the Hague Conference on Private International Law on November 23, 2007. The recommendation also urges Congress to enact the necessary implementing legislation. The Section's International Law Committee proposed the recommendation before the Family Law Section Council, which approved it in April 2008.
Hague/Child Support Recommendation
Hague/Child Support Executive Summary
Hague/Child Support Full Report
Analysis of the Law Regarding Same-Sex Marriage, Civil Unions and Domestic Partnerships
The American Bar Association's Section of Family Law has developed a white paper on the status and legal ramification of recognition of same-sex marriage and non-marital unions.
Same-Sex Marriage White Paper
Constitutional Amendment on Same-Sex Marriage
The American Bar Association's Section of Individual Rights and Responsibilities has submitted the following Recommendation on same-sex marriages, co-sponsored by the Section of Family Law. The recommendation was approved by the ABA House of Delegates in February 2004.
Same-Sex Marriage Recommendation
Same-Sex Marriage Full Report
Resolution Safeguarding Servicemembers Civil Relief Act (SCRA) in Terms of Child Custody
This Recommendation, approved by the ABA House of Delegates in February 2009, urges the U.S. Congress to oppose legislation that would create a federal law of child custody controlling state custody cases involving servicemember-parents because such legislation would dictate court outcomes in child custody cases, even where the child's best interests do not support that outcome; create federal-question jurisdiction over child custody cases, long the province of state courts; impose federally-mandated evidentiary burdens on state courts; co-opt the growing body of state laws that comprehensively and appropriately address domestic relations matters affecting servicemembers; and cast doubt on existing servicemember protections found in the Servicemembers Civil Relief Act (SCRA), 50 U.S.C. App. §§ 501-596.
Recommendation, Report, and Executive Summary