QWC 733-02 Alternative Reproductive Technology

Just days after the turn of the last century, Justice O'Connor commented in a family law case that, "The demographic changes of the past century make it difficult to speak of an average American family. The composition of family varies greatly from household to household." Among these demographic changes and family composition are families formed by access to alternative reproductive technologies ("ART"). While some states have attempted to update laws to reflect the reality of the growing number of families created and shaped by access to ART, many more have exclusively had their legal regimes shaped by common law developments and a mosaic of regulatory and non-regulatory public policy. This course will focus on the broad range of topics with which individuals and their families intersect when accessing ART. Topics included, among others, will be: surrogacy; use, ownership and control of frozen embryos, second-parent adoption for non-genetic (sometimes same-sex) parents, insurance coverage, regulation of donor insemination; relevant provisions of uniform laws; and, role and enforcement of contracts in this area. The course will include a practice component as well as coverage of doctrine. A basic family law course is a prerequisite for this class. Enrollment is limited to 24 students. (This course satisfies 2 writing units.)