Fertility Law Case Summary: LePage (SC-2022-0579)

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On February 16, 2024 the Supreme Court of Alabama decided in LePage v. The Center for Reproductive Medicine, P.C. that fertilized eggs are children for the purpose of Alabama’s wrongful death of a minor statute. The court held that all ‘unborn children’ whether inside or outside the womb are protected within the plain language of the statute. Alabama’s Wrongful Death …

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Using Assisted Reproductive Technology: What Happens to Unused Genetic Material at Your Death?

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When you think about how you want your property to be distributed after your death, most of the time it is easy to identify that property—your home, your cars, your jewelry, etc. But what about the genetic material used in assisted reproductive technology, such as frozen sperm, eggs, and embryos? Is genetic material stored with your doctor or a fertility …

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Cryopreserved Embryos in Texas are Not “Unborn Children”: Analyzing the Decision of the Texas Court of Appeals in Antoun v. Antoun

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Following the United States Supreme Court’s decision in Dobbs, which overturned Roe v. Wade, the Texas Human Life Protection Act took effect. This law defines an “unborn child” as “an individual living member of the homo sapiens species from fertilization through birth, including the entire embryonic and fetal stages of development.” Tex Health & Safety Code § 170A.001(5). The basic …

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Do’s and Don’ts of Egg Donation in Illinois

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Do: Find a donor that shares similar values about egg donation. Have you come to the realization that in order to build your family, you will need the assistance of an egg donor? Regardless of whether you plan to carry the child yourself or hire a surrogate, the egg donor that you choose will share a permanent genetic connection with …

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