ODW25C25 – Establishing Parentage in Assisted Reproduction Cases

Description: Assisted reproductive technologies (ART) for conception such as artificial insemination and in vitro fertilization are becoming increasingly prevalent. State statutes have generally not kept pace with this trend or with technological advancements in this area. With the overruling of Roe v. Wade, it is uncertain whether parentage and ART statutes will be extended to previously unmentioned groups. This session will examine, compare, and contrast statutory frameworks for the establishment of parental rights when people conceive children using ART. It will also explore post-Dobbs constitutional issues and provide practical guidance for establishing parentage in various scenarios involving ART. The presentation will draw heavily from Thomas James’ University of Maryland law review article, “Assisted Reproduction: Reforming State Statutes After Obergefell v. Hodges and Pavan v. Smith.”

Course Year: 2025

Presenter Biography: Thomas James, Esq., is a Minnesota attorney with over 20 years of experience in business, family, and intellectual property law. He is a member of the ABA Copyright and Emerging Technology Committee and author of several books and law review articles.