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Litigation involving mistakes in genetic testing outcomes or reports are not new, but the exponential increase in genetic testing in assisted reproductive technologies, including carrier screening, PGT, using mosaic embryos and the potential for gene-editing, has fueled new genetic-based lawsuits and variables.
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Courts continue to see cases related to the use and disposition of frozen embryos, gamete mix-ups, and the discriminatory nature of U.S. international surrogacy policies.
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Current cases in reproductive medicine include an Arizona court that reverses a lower court and awards embryos to an ex-wife; a woman sues a hospital after discovering it stored her embryo for 13 years, an Alabama judge allows a wrongful death case to be filed on behalf of an aborted fetus, and the U.S. Supreme Court rejects the review of a Colorado frozen embryo case.
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State legislatures remain busy with various issues related to surrogacy, embryo storage, fertility fraud, and personhood, among others, while Cambodia addresses surrogacy issues.
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Same-Sex Parentage via ART and embryo disposition disputes continue in the courts.
