Assisted reproductive technology (ART) is the intersection of various professions, all synchronized to help an intended parent conceive a child. Some aspects of this process are addressed by licensed professionals including psychologists, physicians, and attorneys. All of these professionals are guided and regulated by the rules of their professional organizations and their licensing requirements.
June 01, 2016
ABA Model Act Governing Assisted Reproductive Technology Agencies
But some intended parents require the assistance of gamete or embryo donors or gestational carriers, which is referred to as third-party ART. Third-party ART involves services provided by certain recruiting and matching agencies (ART agencies). Intended parents pay ART agencies to match them with desirable donors/surrogates, as well as administer aspects of their fertility program. Under current law, ART agencies can be owned and operated by anyone without the professional training, licensing, or regulation that governs most other professionals involved in the ART process.
As assisted reproduction increases as a method of family formation, the lack of law and regulation of third-party ART agencies increases the potential for exploitation. Vulnerable intended parents, surrogates, and gamete donors are put at risk as more unlicensed and unregulated third-party ART agencies see opportunity and enter the industry.
There is hopeful news: The Section of Family Law, along with the Section of Science & Technology Law and the Section of Real Property, Trust and Estate Law as cosponsors, drafted a Model Act Governing Assisted Reproductive Technology Agencies addressing these issues. The Model Act was presented as a Resolution for consideration by the ABA House of Delegates at the February 2016 Midyear Meeting in San Diego, California.
The Model Act Governing ART Agencies provides states with a model licensing structure to promote predictability and accountability by currently unlicensed third-party ART agencies. Such a licensing structure would help protect ART participants from exploitation, foster professionalism, and provide a mechanism for dispute resolution.
This Resolution was adopted by the House of Delegates in February 2016, and now is a formal Resolution (112A) of the ABA. Efforts to encourage states to adopt the Model Act will now proceed at the state level. If interested in assisting in this effort, contact Cynthia (Cindy) G. Swan, Director, Section of Family Law, American Bar Association, 321 North Clark Street, Chicago, IL 60654; office: (312) 988-5619; fax: (312) 988-6800; [email protected].