Dedicated to Ethical Family Formation

The American Academy of Assisted Reproductive Technology Attorneys (AAARTA) is a credentialed, professional organization dedicated to the advancement of best legal practices in the area of assisted reproduction and to the protection of the interests of all parties, including the children, involved in assisted reproductive technology matters.

Securing Legal Ties for All Family Types

There are few things more important than securing the legal relationship between a parent and a child. AAARTA attorneys are up-to-date on the advances in medical science that allow for a wide variety of options for parents to build families through egg donation, sperm donation, embryo donation, and/or gestational surrogacy.

Members with Experience

AAARTA members must have completed at least fifty (50) diverse ARTs matters prior to being invited to join AAARTA. The matters must include such legal services such as obtaining parentage or birth orders, drafting and negotiating surrogacy, egg donor and sperm donor contracts and drafting or reviewing embryo donation contracts.

Find an Attorney

An expert in assisted reproductive technology law will help ensure that your family building matter proceeds smoothly. Our Online Adoption and ART Academy Member Directory lists the current fellows of the American Academy of Assisted Reproductive Technology Attorneys in each State.

Considering Adoption?

If you are interested in learning about building your family through adoption, please visit us at the Aaa Alogo Only clicking here gets you to the American Academy of Adoption Attorneys Website.

Interested in Joining AAARTA?

Click here for our application to AAARTA. We look forward to seeing you join AAARTA. Review the Ethics Code before joining. 

Who's Who In AAARTA

Director, Margaret Swain 
Director@aaarta.org

Deputy Director, Nidhi Desai 
Deputy.Director@aaarta.org

Legislative Committee Chair, Kurt Hughes
K.Hughes@aaarta.org

Executive Administrator, Jennie Sullivan
Admin@aaarta.org

News

Recent ART related cases:

Missouri: McQueen v. Gadbury (Missouri Court of Appeals, Eastern District, No. ED103138, 11/15/2016). This is a case of disputed dispositional authority over cryopreserved embryos in a divorce, and an attempt by the wife to classify the embryos as persons. The mid-level appeals court affirmed the trial court’s judgment that frozen pre-embryos are marital property of a ‘special character’ and that the parties jointly hold rights to them and that they may not be used or released without the consent of both parties. The argument that the pre-embryos are children was found to have no merit and the trial court did not err in failing to classify the frozen pre-embryos as children under Missouri law.

Kansas: State of Kansas et al v. W.M. and A.B., 11/22/2016 (District Court of Shawnee County, Case No. 2012DM2686)
A man replied to an ad for a sperm donor on Craigslist. He provided his sperm to an unmarried lesbian couple who, without medical intervention, inseminated one of the partners. After the child was born, the partners separated and the custodial mother applied for state benefits. The state sued for paternity determination and reimbursement of child support from the donor. Kansas law requires medical involvement for a provider of sperm to be considered a donor. The court considered the best interests of the child and who, as between the donor and the non-custodial parent, had the “weightier” parental rights and responsibilities. The court held that the donor was not a parent and therefore, had no duty to repay the state.

Texas: In the Interest of P.S., a Child, 2016, Tex.App. LEXUS 11657 (2nd District Court of Appeals of TX, 10/27/2016). A man provided his sperm to a female friend by delivering the specimen in a cup directly to the woman. He had agreed that it would be used for insemination, which was done without any medical oversight or intervention. A child was conceived in this way, and the man was involved with the child for a period of time until the mother refused him access to the child. She rescinded the acknowledgement of paternity and asked him to relinquish his rights. He sought to be declared the father of the child. Texas law required that if a man is to be considered a donor with no rights or responsibilities to the child, then his sperm must be provided to a licensed physician for use in ‘assisted reproduction’. Here, the court held that the man was a parent, not a donor.

Maryland: The Court of Appeals, MD's highest appeals court, issued its opinion: "De facto parents have standing to contest custody or visitation and need not show parental unfitness or exceptional circumstances before a trial court can apply a best interests of the child analysis. The Court’s previous decision in Janice M. v. Margaret K., 404 Md. 661 (2008), is overruled."  Conover v. Conover

Director's Report

AAARTA Director, Margaret Swain reports on the Academy's recent activities involving ART.

ART Legislative Updates

AAARTA's legislative committee analyzes and responds to bills as they are introduced in the various state legislatures.  This section provides periodic updates. 

Federal Bill "Providing Certainty for Progenitors Act of 2016":
AAARTA Director's Comment

Academy supports improved fertility and adoption benefits for America's veterans.  Press Release - VA bill

Events in 2017-2018

Webinars for Purchase

The Academy provides its webinars on Adoption and ART law for purchase.  To see the available webinars click: Webinars on ART and Adoption.

Academy Midyear Conference In Anaheim

MASTER THE MAGIC OF FAMILY BUILDING:
Reproductive Technology Law in a Changing World

The Academy’s 2017 midyear meeting is being held in Anaheim, California, September 17-19, 2017, with a Paralegal Conference taking place on September 17 & 18, 2017. We hope you will join us!

REGISTER NOW FOR EARLY BIRD DISCOUNTS!!
Welcoming ART & Adoption professionals, including attorneys, mental health professionals, medical care providers and matching entities. The conference will include introductory and advanced topics. Something for everyone!

Early Bird Registration ends June 1, 2017. Special discounted combo pricing is available for Academy Fellows ONLY and their Paralegals through June 1, 2017 as well. Don't delay, complete your registration today! Completed registration forms must be returned via email or regular mail to the address on the form but payment may be made by check or credit card. If paying by credit card, please be sure to indicate that on your registration form and include the name of the registrant with your payment.

The Hyatt Regency Orange County is our conference hotel. It is just a short drive to the beach and a shuttle ride away from Disneyland! Be sure to book your hotel room before the August 25, 2017, cutoff date in order to receive the conference rate. Access the reservation website here

Questions about AAARTA or the Conference? Contact Executive Administrator Jennie Sullivan at (317) 407-8422 or admin@aaarta.org

Educational Opportunities

ABA Family Law Section 2017 Spring CLE ConferenceMay 3-6, 2017Savannah, GA

Centers for Excellence Conference
May 17-18, 2017
San Diego, CA
Active Communications International Logo

RESOLVE Advocacy Day
May 18, 2017
Washington, DC

Jefferson Infertility Counseling Conference
May 31-June 2, 2017
Philadelphia, PA

Academy Mid-Year Conference on ART
September 17-19, 2017
Anaheim, CA
Details to follow

ABA Family Law Section 2017 Fall CLE ConferenceOctober 4-7, 2017
Beaver Creek Mountain, CO

ASRM Annual Scientific Congress and Expo
October 17 - November 21, 2017
San Antonio, Texas

ABA Family Law 2018 Spring CLE Conference
May 9-12, 2018
Nashville, TN

For further information concerning ABA events, please contact: Cynthia (“Cindy”) G. Swan, Director – Section of Family Law, American Bar Association | 321 North Clark Street | Chicago, IL 60654, Office Direct: 312.988.5619 | Cell: 773.490.9320, cynthia.swan@americanbar.org | www.americanbar.org.