Understand the legal processes involved with different forms of collaborative reproduction for same-sex and different-sex couples.
An estimated 15% of different-sex couples and 100% of same-sex couples are unable to conceive the old-fashioned way. As society becomes more progressive, different-sex couples have more options to conceive if they are unable to do so without intervention and same-sex couples are increasingly vocal and active about their desire to have children. Enter collaborative reproduction. The advent of medical technology allowing gamete donation, in vitro fertilization and embryo transfer, and gestational surrogacy has opened a myriad of options. The legal issues that can arise with collaborative reproduction are numerous and technical. This course will introduce you to some basics of practice in the field of Assisted Reproductive Technology law, teach you terms, and identify thorny issues that can arise in drafting agreements and establishing parentage. While these matters vary widely by state, there are basics that any lawyer must understand when delving into this practice or even while working with individuals or couples in estate planning, dissolution, or immigration matters when there has been the use of reproductive technology.
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Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Overview of ART Law
- History
- Medical Technology
- Traditional vs. Gestational Surrogacy
- Definitions and Lingo
- The Three Steps:
- Contract
- Establishment of Legal Parentage
- Vital Records
Common ART Law Issues
- Experience and Competence
- Contract Issues
- Drafting
- Unauthorized Practice of Law
- How the Contract Can Affect Establishment of Parentage
- Planning for Parentage and Vital Records
- Conflicts of Interest
- Escrow
- Independent Representation
- Matching Programs
Addressing ART Law Issues
- Know Your State's Law
- Contracts; Parentage; Education
- Importance of a Written Agreement
- Helping Clients Understand What a Contract Does Do
- Helping Clients Understand What a Contract Does Not Do
- Following ASRM Guidelines
- Escrow
- Counseling
- Mental Health Eval
- Independent Counsel
- Estate Planning: What Estate Planning and Divorce Lawyers Need to Know About ART
- Foresee Common Issues
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Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on July 20, 2022.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.0
- Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.1
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hours credit.
- AR CLE 1.0
- This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.0
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.0
- Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- GA CLE 1.0
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
- HI CLE 1.0
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
- MO CLE 1.3
- This course qualifies for self-study CLE credit in Missouri.
- ND CLE 1.0
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.0 hours of CLE credit.
- NH MCLE 1.1
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 65 Minutes.
- NM CLE 1.0
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.0 hours of credit.
- NV CLE 1.0
- This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours.
- NY CLE 1.0 including Areas of Professional Practice 1
- This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.0 credit hours in the area(s) of Areas of Professional Practice for 1.00 hour. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
- RI CLE 1.0
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
- VT CLE 1.0
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.0
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of A/V credit under the Law & Legal Procedure category.
- NALA 1.1
- This program is applicable for continuing legal assistant education credit. Please check with your accrediting board to see if this course will qualify towards your recertification requirements.
Program Length: 1.1 hour(s).
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.
This program was previously offered as a live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
![Elizabeth F. Schwartz](https://image.lorman.com/speaker/tr:w-144,h-216/4373238.jpg)
Elizabeth F. Schwartz
Elizabeth F. Schwartz, PA
- Principal, Elizabeth F. Schwartz, P.A.
- Attorney and activist for the LGBTQ+ community for over 25 years
- Practice focuses on family formation (adoption, insemination, and surrogacy) and dissolution, and estate planning and administration and dissolution
- Author of the book Before I Do: A Legal Guide to Marriage, Gay and Otherwise (The New Press, 2016)
- Author of “LGBT Issues in Surrogacy” in the Handbook of Gestational Surrogacy, ed. E. Scott Sills (Cambridge University Press, 2016)
- Served as counsel on victorious cases challenging Florida’s marriage ban brought by the National Center for Lesbian Rights (NCLR) on behalf of six same-sex couples and members of the Equality Florida Institute seeking the right to marry (Pareto v. Ruvin) and suing Florida for fair issuance of birth certificates to same-sex married couples (Chin)
- Served as counsel in several cases that helped overturn Florida’s bigoted 1977 ban forbidding gays and lesbians from adopting children
- Board certified by the Florida Bar in Adoption Law
- Fellow of the Academy of Adoption & Assisted Reproduction Attorneys
- University of Miami Law School 1997, University of Pennsylvania, 1993
- Can be contacted at 305-674-9222 or [email protected]
![Joanna Beck Wilkinson, J.D.](https://image.lorman.com/speaker/tr:w-144,h-216/4460700.jpg)
Joanna Beck Wilkinson, J.D.
The Law Offices of Mary Beck
- Partner at the Law Offices of Mary Beck
- Practice limited to adoption and assisted reproduction law
- Represents intended parents, gestational carriers, and gamete donors in all aspects of collaborative reproduction, from negotiating and drafting gestational carrier and gamete donor agreements through the parentage actions that legally establish and disestablish parental rights
- Participates in legislative advocacy with the goal of ensuring permanency for Missouri children
- Presents at conferences and seminars on various adoption and collaborative reproduction law topics
- Guest lectures at Washington University and University of Missouri law school on the subjects of sex, reproduction, and the law
- Fellow of the American Academy of Adoption & Assisted Reproduction Attorneys
- J.D. degree, University of Minnesota Law School; B.A. degree in economics, Loyola University Chicago
- Can be contacted at [email protected] or 314-962-0292
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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