DIABLO VALLEY ESTATE PLANNING COUNCIL THE NEW BIOLOGY: WHAT DO ESTATE PLANNERS NEED TO KNOW ABOUT ASSISTED REPRODUCTION OCTOBER 15, 2014

Similar documents
Guide to Good Practice in fertility cases

Adoption and Foster Care

Contents. Introduction. Acknowledgments. 1 Assisted Reproduction and the Diversity of the Modern Family 1. 2 Intrauterine Insemination 31.

Syllabus Assisted Reproductive Technology and the Law January 16-May 21, 2009 Steven H. Snyder, Esq. 6:30-8:30 p.m.

WHAT IS A PATIENT CARE ADVOCATE?

CONSENT FOR ASSISTED REPRODUCTION In Vitro Fertilization, Intracytoplasmic Sperm Injection, Assisted Hatching, Embryo Freezing and Disposition

Family Building for Transgender Men and Women

Reproductive Technology, Genetic Testing, and Gene Therapy

Possibilities Plan. Access to the care you need.

Consent for In Vitro Fertilization (IVF), Intracytoplasmic Sperm Injection (ICSI), and Embryo Cryopreservation/Disposition

CONSENT FOR CRYOPRESERVATION OF EMBRYOS

Men s consent to the use and storage of sperm or embryos for surrogacy

Blackpool CCG. Policies for the Commissioning of Healthcare. Assisted Conception

POGO SURVIVORS CONFERENCE

NHS FUNDED TREATMENT FOR SUBFERTILITY. ELIGIBILITY CRITERIA POLICY GUIDANCE/OPTIONS FOR CCGs

POGO SURVIVORS CONFERENCE

St Helens CCG NHS Funded Treatment for Subfertility Policy 2015/16

PROCEDURES LAPAROSCOPY

College of Physicians and Surgeons of Saskatchewan STANDARDS. Assisted Reproductive Technology PREAMBLE

Building Your Family. at Northwestern Medicine Fertility and Reproductive Medicine

Haringey CCG Fertility Policy April 2014

CONSENT TO CRYOPRESERVATION AND STORAGE OF HUMAN EMBRYOS

Clinical Policy Committee

THE CENTER FOR ADVANCED REPRODUCTIVE SERVICES (CARS) (The Center) CONSENT TO PERFORM THERAPEUTIC DONOR INSEMINATION WITH IDENTIFIED DONOR SPERM

Fertility 101. About SCRC. A Primary Care Approach to Diagnosing and Treating Infertility. Definition of Infertility. Dr.

INFERTILITY SERVICES

ASSISTED CONCEPTION NHS FUNDED TREATMENT FOR SUBFERTILITY ELIGIBILITY CRITERIA & POLICY GUIDANCE

HALTON CLINICAL COMMISSIONING GROUP NHS FUNDED TREATMENT FOR SUBFERTILITY. CONTENTS Page

INTRODUCTION TABLE OF CONTENTS. If you want to become a parent after cancer, we would like to give you the information you need to make that happen.

Family Planning and the LGBTQ Community

Counseling for Potential Clients of RT Services

Assisted Reproductive Technologies

Clinical Policy Committee

NICE fertility guidelines. Hemlata Thackare MPhil MSc MRCOG Deputy Medical Director London Women s Clinic

Understanding IVF Processes in Surrogacy

LISI CARRIERS INFERTILITY COMPARISON

[Act on Artificial Fertilisation and use of Human Gametes and Embryos for Stem-Cell Research] 1) No. 55/1996 1) Act No. 27/2008, Article 9

THE CENTER FOR ADVANCED REPRODUCTIVE SERVICES (CARS) (The Center) CONSENT TO PERFORM THERAPEUTIC DONOR INSEMINATION WITH ANONYMOUS DONOR SPERM

COMMISSIONING POLICY FOR IN VITRO FERTILISATION (IVF)/ INTRACYTOPLASMIC SPERM INJECTION (ICSI) WITHIN TERTIARY INFERTILITY SERVICES V2.

Recommended Interim Policy Statement 150: Assisted Conception Services

Embryo(s) that I/We wish to Donate to Research These are from (check one): Self Donor Code(s):

CONSENT In Vitro Fertilization, Intracytoplasmic Sperm Injection, Assisted Hatching, and Embryo Cryopreservation/Disposition

What are the various Motives for Patients to Travel? -Dr Samit Sekhar Executive Director

UNIVERSITY OF WASHINGTON MEDICAL CENTER Men s Health Center and Male Fertility Laboratory Sperm & Testis Cryopreservation Program Patient NAME and ID

European IVF Monitoring (EIM) Year: 2013

Policy statement. Commissioning of Fertility treatments

Sperm donation Oocyte donation. Hong Kong þ Guideline þ þ Hungary þ þ þ þ Israel þ þ þ þ Italy þ þ þ. Germany þ þ þ þ Greece þ þ þ þ

Policy updated: November 2018 (approved by Haringey and Islington s Executive Management Team on 5 December 2018)

The Gay Woman s Guide to Becoming a Mom PATH2PARENTHOOD. path2parenthood.org

Section III Consent Forms

Planning for Parenthood After a Cancer Diagnosis

Approved January Waltham Forest CCG Fertility policy

CRYOPRESERVATION OF SEMEN FROM TESTICULAR TISSUE

Cancer Fertility. Fertility Options to Consider Before Treatment Begins & Parenthood Options After Cancer

Female Patient Name: Social Security # Male Patient Name: Social Security #

Fertility Preservation for Trans Women: Sperm Banking

[p.1 of Form (8)] SAMP Consent to Designated Donation of Sperm. 1. I (name of donor) (hereinafter

MedStar Health, Inc. POLICY AND PROCEDURE MANUAL Policy Number: PA.018.MH Last Review Date: 08/04/2016 Effective Date: 01/01/2017

Brighton & Hove CCG PLS CONFERENCE Dr Carole Gilling-Smith Medical Director

Specialists In Reproductive Medicine & Surgery, P.A.

Note: This updated policy supersedes all previous fertility policies and reflects changes agreed by BHR CCGs governing bodies in June 2017.

Fertility Policy. December Introduction

MST and PNT allow eggs or embryos to be created for you containing your and your partner s nuclear genetic material D D M M Y Y D D M M Y Y

1 - Advanced clinical course for ART with Hands on

ART. Assisted reproductive technology (ART) Enter the Lawyer

Introduction 4. Important information about consent to legal parenthood 7. Women s consent to treatment and storage form (IVF and ICSI) (WT form) 9

D D M M Y Y D D M M Y Y. For clinic use only (optional) MD PNT only (gender-neutral): version 1; 3 April 2017

IRB USE ONLY Approval Date: September 10, 2013 Expiration Date: September 10, 2014

Bonnie Steinbock University at Albany (emerita) Distinguished Visiting Professor, CUHK Centre for Bioethics 12th December, 2015

European IVF Monitoring (EIM) Year: 2012

Page 1 of 5 Egg Freezing Informed Consent Form version 2018 Main Line Fertility Center. Egg Freezing. Informed Consent Form

Consent to Shipment of Frozen Embryos to and Short Term Storage of Frozen Embryos at the Family Fertility Center

Infertility Counselling and Ethical Issues. Jennifer Hunt Wolfson Fertility Centre

Understanding eggs, sperm and embryos. Marta Jansa Perez Wolfson Fertility Centre

Wiltshire CCG Fertility Policy

Schedule of Fees for Private Treatment

Submission to the Commission on Assisted Human Reproduction December 2001

Your consent to the use of your sperm in artificial insemination

Male Fertility: Your Questions Answered

Regulating mitochondrial donation: seeking expert views. Background document

REFERENCE TITLE: health insurance; infertility coverage SB 1149

RESOLUTION CFM No /2013

IVF. NHS North West London CCGs

COMMISSIONING POLICY FOR IN VITRO FERTILISATION (IVF)/ INTRACYTOPLASMIC SPERM INJECTION (ICSI) WITHIN TERTIARY INFERTILITY SERVICES

SOUTHEND CENTRES FERTILITY CLINICS. FOR APPOINTMENTS CALL , DELHI

SHIP8 Clinical Commissioning Groups Priorities Committee (Southampton, Hampshire, Isle of Wight and Portsmouth CCGs)

STEM CELL RESEARCH: MEDICAL PROGRESS WITH RESPONSIBILITY

Virtual Mentor American Medical Association Journal of Ethics September 2007, Volume 9, Number 9:

How to Select an Egg Donor

Fertility Preservation By Dr Mary Birdsall Chair, Fertility Associates

Fill in this form if you are donating eggs and/or embryos created with your eggs for use in another person s mitochondrial donation

Assisted reproduction law is such a rapidly changing

Kent and Medway CCGs schedule of policy statements for assisted reproductive technologies (ART)

UTERINE LEIOMYOSARCOMA. About Uterine leiomyosarcoma

DRAFT Policy for the Provision of NHS funded Gamete Retrieval and Cryopreservation for the Preservation of Fertility

Fertility treatment and referral criteria for tertiary level assisted conception

Advice on Aspects of Assisted Reproductive Technology:

Assisted Conception Policy

15. Procuring, processing and transporting gametes and

EGG BANKS program at clinique ovo

Transcription:

DIABLO VALLEY ESTATE PLANNING COUNCIL THE NEW BIOLOGY: WHAT DO ESTATE PLANNERS NEED TO KNOW ABOUT ASSISTED REPRODUCTION OCTOBER 15, 2014 Lisa C. Ikemoto Professor U.C. Davis School of Law

APPROACH Assisted reproductive technology (ART) Snapshot of legal framework for ART use Family law and uncertainty Posthumous disposition and control of reproductive materials

Assisted reproductive technology (ART): manipulation of gametes (sperm and eggs) outside the body to enable pregnancy. Examples Assisted insemination (AI) and intrauterine insemination (IUI) In vitro fertilization (IVF)

ART: USE OF THIRD PARTIES Sperm donors Egg donors Embryo donors Surrogates

ART: THIRD PARTY REPRODUCTION AID: Assisted insemination with donor sperm IVF with sperm, eggs, or both, provided by other(s) IVF with donated embryos Traditional surrogacy: Surrogate carries pregnancy, gives birth, and provides egg(s); intended father s sperm Gestational surrogacy: Surrogate carries pregnancy, gives birth; gametes from intended parent(s) and/or third parties.

Cryopreservation Sperm Eggs (recent) In vitro embryos Posthumous retrieval Sperm ART: CRYOPRESERVATION AND POSTHUMOUS RETRIEVAL Eggs (theoretical) Ovarian & testicular tissue (theoretical)

Approximately 68% of individuals consented to the use of surplus embryos for embryologist training and improvement of assisted reproductive techniques, and 56% consented to the use of surplus embryos in a research project; 73.5% of men and 61.8% of women agreed to leave their cryopreserved embryos to their partners for reproductive use in the event of their death. Côté S. et al., Posthumous reproduction with surplus in vitro fertilization embryos: a study exploring users choices, Fertil. Steril. 214 Sept. 10. http://www.ncbi.nlm.nih.gov/pubmed/25217872

ART: EMERGING TECHNOLOGIES Mitochondrial replacement (3-parent IVF) Somatic cell nuclear transfer (cloning) Stem cells >> gametes Ovarian tissue cryopreservation, transplant Testicular tissue cryopreservation, transplant

MITOCHONDRIAL REPLACEMENT Credit K. Sutliff, Science.

Somatic Cell Nuclear Transfer http://www.clonesafety.org/cloning/facts/process/

Adult mice grown from oocytes, or immature eggs, which were made from induced pluripotent stem cells. Image: Mitinori Saitou and Katsuhiko Hayashi

THE FERTILITY INDUSTRY Medical service entities: clinics, embryology labs, genetic testing labs, sperm banks, embryo banks, egg banks, etc. Non-medical entities: surrogacy agencies, egg donation agencies, medical tourism agencies, pharmaceutical & medical device industries, professional organizations, patient support organizations, lawyers, credit agencies, insurance companies, etc.

THE FERTILITY INDUSTRY In 2004, more than one million Americans underwent some form of fertility therapy treatment, participating in what had become a nearly $3 billion industry. (Debora L. Spar, The Baby Business: How Money, Science, and Politics Drive the Commerce of Conception (Harvard Business School Press 2006)). ART use has doubled over the past decade. http://www.cdc.gov/art/

SNAPSHOT OF ART REGULATION Federal 1992 Fertility Clinic Success Rate and Certification Act FDA regulations embryology labs, gamete testing State Indirect regulation: Family law/parentage, probate law. Direct regulation: mix of ad hoc judicial decisions and statutes which vary greatly from state to state.

SNAPSHOT OF ART REGULATION Probate Law Family Law ART Use

PARENTAGE Main point: Legal uncertainty arising from ART use is not uncommon. Example: Surrogacy Example: AID (assisted insemination with donor sperm) SB 274 (Approved by Governor October 4, 2013)

PARENTAGE Family Code 7613(b) The donor of semen provided to a licensed physician for use in artificial insemination of a married woman other than the donor s wife is treated in law as if he were not the natural father of a child thereby conceived.

PARENTAGE Jhordan C. v. Mary K., 224 Cal. Rptr. 530 (Ct. App. 1986) The man who provided the semen was the child s legal father because the semen was not provided to a licensed physician. Instead, he provided the semen to the woman who selfinseminated.

POSTHUMOUS CONTROL AND DISPOSITION Frozen embryos Posthumous retrieval

POSTHUMOUS DISPOSITION AND CONTROL Hecht v. Superior Court, 16 Cal. App. 4th 836 (Cal. App. 1993) We conclude that at the time of his death, decedent had an interest, in the nature of ownership, to the extent that he had decision making authority as to the use of his sperm for reproduction. Such interest is sufficient to constitute "property" within the meaning of Probate Code section 62. Accordingly, the probate court had jurisdiction with respect to the vials of sperm.

ABA MODEL ACT GOVERNING ASSISTED REPRODUCTIVE TECHNOLOGY (FEBRUARY 2008) Section 205. Collection of Gametes or Embryos from Preserved Tissue or From Deceased or Incompetent Individuals 1. Gametes or embryos shall not be collected from deceased or incompetent individuals or from preserved tissues unless consent in a record was executed prior to death or incompetency by the individual from whom the gametes or embryos are to be collected or the individual s authorized fiduciary who has express authorization from the principal to so consent.