Family Law, Health Care / Medicine, Kids

Assisted Reproductive Technology Year In Review: 2016 Wasn’t a Total Loss

More medical advancements, more judicial and legislative support, more dreams of a family being fulfilled -- cheers!

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2016-baby-babies-kid-kids-child-childrenIt’s cliché by now to say that 2016 was a rough year. The ’80s and ’90s called their pop culture gods home. And I heard there was a contentious election of some sort (I try not to follow politics). Unfortunately, 2016 was also rough for many people who turned to assisted reproductive technology (ART) to conceive. Some judges denied parental rights. Sperm banks dispensed questionable genetic material. And country after country shut down the ability to use surrogacy.

Nevertheless, there have been positive elements of 2016, too! And this is a good time to focus on the positive as we head into a new year.

Technology Keeps Improving and Creating New Miracles. In 2016, we saw some incredible displays of reproductive technology getting better and better. To name some highlights:

  • The first “three-parent” baby was born using a new technique to repair embryo defects with third-party genetic material.
  • The United States saw its first attempted uterus transplant. While the transplant ultimately failed, the effort was a major step forward for science, and other transplants in foreign countries have succeeded and even resulted in healthy births.
  • Last month, we learned of the healthy birth of a baby following the transplant of ovarian material. A woman’s ovary was removed and cryopreserved before undergoing chemotherapy when she was only 9 years old. Doctors were able to implant the ovarian material back into the woman and create viable eggs and produced a healthy pregnancy and baby. Amazing stuff.

Reversing A Ban On Surrogacy. In legal developments, at least one jurisdiction is considering the reversal of its existing ban on all forms of surrogacy. For the last 25 years, our nation’s capital has had a complete prohibition on surrogacy, paid or unpaid. Violators—including anyone who is “involved in or assists in the formation of a surrogacy contract” —can be punished with up to a year in jail and/or a $10,000 fine.

But the tide is turning! The D.C. Council voted in late December to reverse the ban and place reasonable limits on surrogacy. These limits include requiring a surrogate to be at least 21 years of age, and to already have her own child. (Nearly every fertility clinic already imposes these requirements anyway.)  Of course, the reversal is not yet complete. D.C.’s mayor has yet to review the legislation or indicate her position, and the legislation is always subject to congressional review. But the vote (unanimous, btw) is a major positive step.

More Companies Showing Support. As previously discussed here, having a child through surrogacy is an expensive endeavor. So it is heartening to see more companies adopt internal policies that support employees who must turn to surrogacy to build their families. Last month, American Express added its name to the list of companies that provide support to their employees (offering $35,000 in benefits to intended parents). Similarly, Accenture India, an employer of over 150,000 people, just joined the growing crowd as well, by offering 22 weeks of paid parental leave for parents through surrogacy. These companies join forward-thinking employers like Ernst & Young, Facebook, and Apple, who already provided support to intended parents using surrogates.

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Bringing Cutie Babies Into The World. Although celebrities are dying off at an alarming rate, many of them are also reproducing using ART. This past year, Chrissy Teigen and John Legend had a daughter thanks to IVF. As did Tyra Banks. And rumor has it that Ellen Pompeo just added to her family again via surrogacy. Congrats! (Yes, US Weekly counts as an authoritative source.)

Overall, although 2017 is bound to bring us more confusion from judges and legislative bodies that just don’t get it, there is a lot to look forward to in 2017: more medical advancements, more decision-makers coming to understand how the law should apply to and protect ART-conceived children and their parents, and more dreams of a family being fulfilled. So cheers! To the new year!

Ellen TrachmanEllen Trachman is the Managing Attorney of Trachman Law Center, LLC, a Denver-based law firm specializing in assisted reproductive technology law, adoption, and estate planning, and Co-Director of Colorado Surrogacy, LLC, a surrogacy matching and support agency. You can reach her at babies@abovethelaw.com.

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