Category: Reproductive Law

Ask the Lawyer: Infertility and the Law: What You Should Know – Part 2

The Family Medical Leave Act (FMLA) provides 12 weeks of unpaid job-protected leave to qualified, eligible employees who, because of a serious health condition, may find themselves unable to perform one or more of their essential job functions temporarily. While infertility is not a considered a “serious health condition” in and of itself, under  FMLA [...]

Ask the Lawyer: Infertility and the Law: What You Should Know (Part 1)

Life doesn’t stop when you are dealing with issues of infertility. If you have questions about how your treatments are affecting your work life, it may be time to speak to an attorney. There are three laws in particular that may have an impact on you and your family during this time, the Americans with Disabilities Act (ADA), [...]

Ask the Lawyer: What is Informed Consent?

During your infertility process, you encounter many consent forms for your review and execution. The reason for the consent forms during the assisted reproductive technology (ART) process is not only to protect you as the patient, but also to protect your Health Care Provider as well. This originates from the legal and ethical concept that [...]

Ask the Lawyer: What Are the Risks and Benefits of Using a Known Donor

One common question that I often encounter in my practice is the idea of using a known donor for assisted reproductive technology as a way to minimize costs.  However, what many individuals or couples seeking to use such a donor do not realize are the legal ramifications of a child born to a known donor, [...]

Ask the Lawyer: Legal and Ethical Considerations of Egg Cryopreservation

The facilities that provide egg cryopreservation services are relatively mainstream IVF clinics or private agencies, and uniformly are members of the Society for Assistive Reproductive Technology (SART). Since there is very little legislation currently, a woman giving her informed consent to egg freezing should consider legal advice on issues such as medical procedural risks, disposition [...]