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Infertility is on the rise. Technology is advancing. Because of the confluence of these facts, millions of embryos--the leftovers of the IVF process, at times including gamete donation and/or surrogacy --are now cryopreserved in America. Each embryo carries genetics from at least two people and sometimes even more than two! When interests diverge, conflicts arise. The law struggles with even the most basic question as to the legal status of an embryo. Is it a person, property, or some special category? Courts vary in approaches to resolving these disputes, and emerging legislation follow inconsistent trajectories.
Ellen E. Trachman, founder of Trachman Law Center, LLC, weekly columnist on assisted reproductive technology law for abovethelaw.com, and co-host of the podcast I Want To Put A Baby In You, will address:
- The legal system’s struggle with defining embryos;
- The evolving case law and legislation on disposition issues, including the latest developments; and
- Why no lawyer can afford to miss understanding how legal conflicts over embryos affect family law, estate planning, medical malpractice, trade secrets, and many other types of litigation.