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As Legally Speaking went to press, Colorado passed HB21-1022 and the governor signed the bill into law on May 6, 2022. The law creates the "Colorado Surrogacy Agreement Act," which will provide significant legal protections and guidance to gestational surrogacy in that state. A detailed report of that law will appear in a future Legally Speaking column.
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Another lawsuit has been filed by a man claiming his sperm was used without his consent. The lawsuit, filed in federal district court in California against a sperm bank, is currently in what is called the “pleadings” stage, where after a “motion to dismiss” is filed, the facts are preliminarily accepted as true and the court’s task is to determine whether the alleged facts—if proven—state a legal cause of action so the case can proceed or not. In this case, the court upheld eight, and dismissed two, of the ten alleged legal theories.
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New York’s long-awaited Child Parent Security Act (CPSA), which allows compensated surrogacy, went into effect February 15, 2021. CPSA law addresses and regulates gestational surrogacy only, not traditional/genetic surrogacy, and expressly allows compensation for gestational surrogates along with multiple required protections.
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U.K. intended parents who wish to transport their gametes or embryos to clinics in the U.S. to conceive with a gestational carrier will now be able to arrange export much more straightforwardly.
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A California Court of Appeals upheld a trial court’s ruling that a widow had no right to use her deceased husband’s sperm without an affirmative showing that he intended her to do so.
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Without the privacy protections of Roe and its progeny, states would be free--as some have repeatedly tried to do already--to enact laws that confer legal “personhood” beginning at fertilization. These would severely restrict the practice of IVF and pregnancy management.
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This month's column addresses Pandemic related challenges that have arisen for participants and professionals involved in the steps of international surrogacy arrangements, and how they have been met.
