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Transgender Law: Assisted Reproductive Technologies

Books at the Law Library

ABA Guide to Assisted Reproduction Techniques, Legal Issues, and Pathways to Success by Jeffrey Kasky & Marla Neufeld
Call Number: KF 3830 .K37
Publication Date: 2016
Assisted reproductive technology : a lawyer's guide to emerging law and science by Maureen McBrien
Call Number: KF 3830 .K56
Publication Date: 2018
Determining Legal Parentage: Between Family Law and Contract Law by Yehezkel Margalit
Call Number: KF 700 .M368
Publication Date: 2019
Lesbian, gay, bisexual and transgender family law by Courtney Joslin
Call Number: KF 505 .J678
Publication Date: 2020
Navigating Adoption and Surrogacy Laws: Leading Lawyers on Recent Trends and Best Practices for Nontraditional Family-Building Cases by Aspatore Books/ Inside the Minds
Call Number: KF 545 .N38
Publication Date: 2014

Law Reviews

The Post-Dobbs World: How the Implementation of Fetal Personhood Laws Will Affersonhood Laws Will Affect In Vitro Fertilization
Monica Jordan, 57 UIC L. Rev. 249 (2024)
Protecting All Parties in Compensated Gestational Surrogacy Agreements: Adopting The New York State (of Mind) Approach
Forthcoming (2023) Wisconsin Law Review article by Kiara Butler

Ohio Revised Code

Oh. Rev. Code Sec. 1751.01
requires health maintenance organizations (HMOs) to provide basic health care services, which are defined to include infertility services, when medically necessary.
Ohio Rev. Code Sec. 3111.88
Ohio Rev. Code Secs 3111.88- 3111.99 deal with non-spousal artificial insemination.
Oh. Rev. Code Sec. 3111.97
Parentage of child born by embryo donation
Ohio Rev. Code Sec. 5801.12
This section governs the rights under a trust of any child born through the use of any assisted reproductive technologies.

In the News

After 'nightmare' IVF mix up, 2 mothers give birth to each other's babies Four months after giving birth, the California families swapped babies to return the children to their rightful parents. But the entire process has been devastating.
Today 11/9/21

Ohio Case

JF v. Db, 116 Ohio St.3d 363, 2007-Ohio-6750
Surrogacy agreements are legal in Ohio.

Links

Amid nationwide abortion debate, American Cancer Society warns fertility preservation for cancer patients could be at risk in the future
NBC News 9/26/22
Assisted Reproductive Technology Law: 10 FAQs
American Bar Association
Catholic Hospital Chain Escalates Church War on LGBTQ Workers
The Sisters of the Third Order of St. Francis, announced a new policy that will deny some health care to LGBTQ workers by limiting fertility-treatment coverage to married, opposite-sex couples.
Italy starts removing lesbian mothers’ names from children’s birth certificates
CNN 7/21/23
Maven Clinic
Maven is the largest virtual clinic for women's and family health, offering continuous, holistic care for fertility and family building
Republicans are rushing to defend IVF. The anti-abortion movement hopes to change their minds.
Politico 4/1/24
Sample Gestational Surrogacy Contract
State Laws Related to Insurance Coverage for Infertility Treatment
NCSL 3/12/21
States say abortion bans don't affect IVF. Providers and lawyers are worried anyway. New abortion bans have created confusion and legal questions about the practice of discarding embryos as part of the IVF process.
NBC News 6/29/22
Surrogacy for Transgender Parents
Center for Surrogate Parenting, LLC
Surrogacy Laws by State
Gift of Life Surrogacy, last visited 5/26/23
Traditional Surrogacy vs. Gestational Surrogacy Overview
Marla Neufeld 3/13/20
U.S. Veterans Affairs Department expands IVF access to unmarried and same-sex veterans
Ohio Capitol Journal 3/13/24
Warnings of the impact of fertility treatments in Alabama rush in after frozen embryo ruling
AP News 2/21/24
The Wild West of Fertility Clinics
Regulatory Review 8/10/21