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home > American Society for Reproductive Medicine > ASRM-IFFS 2013 > PG 6 - Crossing Borders and Other Hot Legal Issues for the Healthcare Provider and Legal Practitioner

PG 6 - Crossing Borders and Other Hot Legal Issues for the Healthcare Provider and Legal Practitioner


Developed in Cooperation with the Legal Professional Group



Nidhi Desai, J.D., Chair

 Ballard, Desai & Miller

Judith F. Daar, J.D.

 Whittier Law School

Andrew W. Vorzimer, J.D.

 Vorzimer Masserman

Colleen M. Wagner-Coughlin, M.S.

 aParent IVF




The involvement of third parties in assisted reproduction as gamete and embryo donors and as gestational carriers has produced a plethora of legal issues for the reproductive healthcare professional. Confronted with the complicated relationships among intended parents, gamete donors and gestational surrogates, the medical team often does not appreciate the legal implications of treating patients from different countries. While medical practitioners should not offer legal advice, awareness of the legal complexities and possible landmines their patients may encounter with respect to immigration, contract enforceability and parentage will help better serve practices and patients. Recognition of those arrangements that require a partnership of legal and medical experts is essential in the creation of legally-secure families. The medical practitioner often has a lack of understanding of legal issues related to developments in new technologies and the interaction of the laws of various jurisdictions when treating or advising international clients.


This live course will provide guidance to the healthcare practitioner and lawyer advising patients who are traveling from other countries as well as those patients traveling out of the United States for treatment. Topics will include treatment, parentage, immigration, and contract enforceability given the intersection of multiple jurisdictions. The course will further explore current hot topics in assisted reproductive technology such as egg freezing and international regulations. This presentation is designed to review commonlyencountered situations that are subject to legal scrutiny, define the legal issues and potential pitfalls, provide practical solutions to roadblocks in assisted reproductive technology arrangements and explore the legal significance of treating clients from other countries. The various speakers will further address issues emerging as a result of newer technology based on legal precedent and principles. Each presenter will field questions from attendees that will allow for discussion of particular clinical conundrums, with the opportunity to develop usable solutions for clinical practice. This program will feature a practical approach to help lawyers and physicians better field situations as they arise.


ACGME Competency

Systems-based practice




At the conclusion of this course, participants should be able to:

1. Explain problematic issues arising out of cross-border care.

2. Construct specific steps for clinics to take to protect their programs and patients.

3. Discuss some of the emerging legal challenges brought on by newer assisted reproductive technologies.

4. Formulate practical methods of dealing with these emerging issues.


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