Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Saturday, August 10, 2019

Fertility Clinic Mistakes

From Naomi Cahn (GW), writing for Forbes:

In 1994, Joseph and Jennifer Cartellone went to the Greater Cincinnati Institute for Reproductive Health and the Christ Hospital for help having a baby. They underwent in vitro fertilization, using Jennifer’s egg and Joseph’s sperm (or so they thought), and their daughter, Rebecca, was born later that year.

Last Christmas, Rebecca bought DNA test kits for her parents and her grandmother in order to explore their family tree. Two months later, they all learned that Rebecca was not the biological daughter of Joseph. They were shocked.

They have filed a lawsuit against their fertility clinic, and are represented by Peiffer Wolf Carr and Kane, the firm which is also pursuing litigation in other major fertility scandals.

Assisted reproductive technology (ART) has been an invaluable benefit, allowing millions of people throughout the world to create new families. In the United States, almost 2% of children are born each year with the help of ARTand more than 10 percent of women of childbearing age have sought infertility services. Yet as an increasing number of people use fertility services, the industry has outpaced regulation.

There are relatively few federal laws in the United States that are directly concerned with regulating assisted reproductive technology, and there is no single federal agency that is charged with oversight of the fertility industry.

Read more here.

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