Posts by Marla Neufeld

The COVID 19 virus has had a ripple effect through the entire world, and this impact has not spared the assisted reproductive technology world. Recent change in ASRM Guidelines on Embryo Transfers Recently, the American Society for Reproductive Medicine has issued guidelines regarding the medical implications and precautions provided to those participating in assisted reproduction. …

Traditional Surrogacy vs. Gestational Surrogacy Introduction: Surrogacy is defined as “the process of carrying and delivering a child for another person.” Black’s Law Dictionary 1582 (9th ed.2009). Surrogacy is then divided into two main categories: traditional surrogacy and gestational surrogacy. Traditional surrogacy vs gestational surrogacy is dependent on the source of the egg being used…

Many states around the country are enacting laws to protect patients against reproductive fraud, with the Florida Senate just passing a law to address this important issue, subject to Florida House approval. The unanimously approved Senate Bill 698 is summarized per below. The new Senate bill was spearheaded by Florida Senator Lauren Book. An act…

Current Florida Assisted Reproductive Technology laws: Florida ART statutes are contained within Florida Statutes 742.11, 742.13 – 742.17 (enacted into law May 15, 1993) and Florida Statutes 63.213 (enacted into law May 30, 2003). Below is a brief summary of each Florida reproductive law. Florida Statutes 742.11, Presumed status of child conceived by means of…

Pursuant to Professor Madeira of Indiana University’s Maurer School of Law’s article, Madeira, J. (2020). Understanding Illicit Insemination and Fertility Fraud, From Patient Experience to Legal Reform. Columbia Journal of Gender and Law, 39(1), 110-204: Recently, several cases have been filed in North America and Europe alleging that fertility physicians inseminated former patients with their…

Please find attached an advance copy of the Department of State final rule amending the B visa regulations to establish a rebuttable presumption that a B (Visitor) nonimmigrant visa applicant who a consular officer has reason to believe will give birth during her stay in the United States is traveling for the primary purpose of…

According to co-authors, Marla Neufeld, Esq. and Jeffrey Kasky’s of the American Bar Association’s recent book, The ABA Guide to Assisted Reproduction, Techniques, Legal Issues and Pathways to Success: There are many types of contracts involved relating to assisted reproductive technology (“ART”). These should be executed prior to the start of any medical procedures that…

Gift Guide: MHB’s Essential List of Surrogacy Books for Adults and Kids On Men Having Babies’ social media page, they said as follows: This holiday season, we want to share the extensive book list we created with our families and dads-to-be. Our recommended reads, also featured at our conferences’ book fairs, include children’s books showcasing…

The A, B, Cs (along with CDCs and FDAs) of Regulatory Implications over Assisted Reproductive Technology Marla Neufeld’s article was just published in the December 2019 issue of the American Bar Association’s Health Lawyer publication.  The article is titled, The A, B, Cs (along with CDCs and FDAs) of Regulatory Implications over Assisted Reproductive Technology…

Florida Surrogacy Court Proceedings Once the child(ren) is born in Florida via surrogacy, Florida law requires the intended parent(s), within 3 days of the birth, to petition the selected Florida court for a post-birth court order directing the Florida Department of Vial Statistics to issue a birth certificate naming the intended parent(s) as the sole…