Abstract
The legal system is no stranger to familial relationships. The law has long created them through marriage, disentangled them through divorce, protected children born within them through guardianships and adoption, and intervened through “care and custody” mechanisms when children are perceived by society to be “ at risk.” What is unusual, however, is the evergrowing role the law is being forced to play without established laws or policies. As the assisted reproductive technologies radically alter the ways in which our society creates families, these medical advances have outpaced the existing legal framework to regulate them and to secure the families they help create.
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References
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“ The powers not delegated to the United States by the Constitution nor prohibited by it to the States, are reserved to the States respectively, or the people.” 10th Amendment, United States Constitution.
For a comprehensive table outlining the differences among those laws, see Family Building through Egg and Sperm Donation, pp. 39–40 (prepared by Jaeger, A).
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The American Bar Association’s Executive Committee on Reproductive Technology and Genetics, on which the author sits, is currently drafting a model Act Regulating the Assisted Reproductive Technologies, intended as a comprehensive piece of legislation, offering clear and uniform guidelines and governing many aspects of the ARTs.
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Crockin, S.L. (1998). Statutory and Case Law Governing Oocyte and Embryo Donation. In: Sauer, M.V. (eds) Principles of Oocyte and Embryo Donation. Springer, New York, NY. https://doi.org/10.1007/978-1-4612-1640-7_16
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