What is the scope of legal protection for medically assisted reproductive technologies?
In California, the scope of legal protection for medically assisted reproductive technologies (MAR) is dictated by state law. MAR involves the use of assisted reproductive technologies such as in vitro fertilization (IVF) to help a couple conceive a child. The California Statute of Limitations regulates the time frame in which a woman may bring a legal action for medical malpractice related to fertility treatments. The law also gives the wife the legal rights to all embryos created through IVF or other related treatments during a marriage and gives the husband the right to access the embryo if he is also the biological father. California also recognizes pre-embryonic adoptions that are created outside of the marriage. Under this law, the couple can enter into an agreement to receive donated eggs and/or sperm before insemination or fertilization with the intention that any resulting embryos will be adopted. Finally, California’s Surrogacy Law provides legal protection to a surrogate parent, allowing them to consent to the medical procedures necessary for the completion of a surrogacy arrangement and protecting them from civil liability should an action arise regarding the surrogacy agreement. Overall, these laws provide a wide scope of legal protection for medically assisted reproductive technologies, allowing couples to pursue assisted reproduction without fear of legal consequences.
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