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Chapter 31 - Legal issues in fertility preservation

Published online by Cambridge University Press:  19 May 2010

Larry I. Lipshultz
Affiliation:
Baylor College of Medicine
Stuart S. Howards
Affiliation:
University of Virginia
Craig S. Niederberger
Affiliation:
University of Illinois, Chicago
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Summary

This chapter discusses the legal issues and the efforts that legislatures, courts, professional guidelines, programs, and patients have made to resolve them, in the hope of giving professionals some guidance in these evolving areas. Preserving male fertility through sperm collection and freezing is the most commonly recognized, and likely most frequently performed, of all fertility preservation measures. Donor gametes have also been involved with legal claims regarding embryo donation, discard, or custody of resulting children. Use of donor insemination to create a family raises additional legal issues for infertile men, their spouses or partners, and the sperm donors involved. Donor screening is required under a variety of state and federal laws, as well as professional guidelines. Posthumous reproduction raises additional legal complexities, including determination of the legal status of any resulting child under applicable law, which varies from jurisdiction to jurisdiction, within the United States as well as internationally.
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Publisher: Cambridge University Press
Print publication year: 2009

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