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FREE GROUND SHIPPING on all ABA Book and CLE orders through November 30, 2008! |
Assisted Reproductive Technology: A Lawyer's Guide to Emerging Law and Science |
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The issues surrounding assisted reproductive technology have become increasingly complex as both science and the law continue to evolve. Assisted Reproductive Technology is the first comprehensive book to examine the legal issues involved in the complicated and cutting-edge area of collaborative reproduction.
As more couples and single people are turning to assisted reproduction technologies (commonly called ART), lawyers need to be prepared to advise clients and deal with the many legal aspects involved with these procedures. Assisted Reproductive Technology is an up-to-date, single source summary of the evolving legal issues and solutions that characterize the continuing development of laws on assisted reproductive technology.
Assisted Reproductive Technology draws from multiple legal sources, including court decisions, statutes, uniform laws, and the legal literature to provide a comprehensive view of each topic. It breaks down each chapter into discrete topics for ease of reading and quick location of needed information. The authors, a professor of family law and a practicing family lawyer, present information in a direct and fair way, and while the book deals with controversial topics it does not editorialize in favor of a particular position.
The law of ART is constantly evolving, but while there is no nationally recognized law the legal issues are beginning to reach the courts: cases involving control of gametes, custody and responsibility for children of ART, medical malpractice, consent, rights of donors and surrogates, enforcement of contracts, among many others. Assisted Reproductive Technology provides citations to hundreds of judicial decisions that, while they may not be the law in all states, can suggest potential solutions to these problems. Where statutes have been enacted, they are cited when relevant to the text. In states where the law is not yet fully developed, the book's concepts can be used in addressing ART issues. The book includes comprehensive citations and notes, a substantial bibliography of legal articles following each chapter, an invaluable glossary of ART terms, and comprehensive index.
Who needs this book?
Family and domestic relations attorneys. Situations include divorce actions with disputes about disposition of embryos and gametes, where questions about paternity or maternity have to be addressed for purposes of custody or child support, and situations involving embryo donation Probate attorneys and estate planners are increasing confronted with difficult choices when clients make arrangements to leave gametes or embryos after their death for others to use in order to reproduce. This book provides the information which an attorney will find extremely useful in addressing these and numerous other issues.
Personal injury lawyers - covers negligence issues arising out of erroneous medical judgments or misplacement of embryos.
Insurance practitioners are discovering that the interpretation of policies are less than clear or government requirements are ambiguous when it comes to coverage for ART services.
Lawyers working in the legislative or public service sectors are finding that demand for legislation or regulation are presenting conflicting demands and ideas about bioethics. Cases involving ART have been litigated in the criminal field involving misuse or misappropriation of gametes. Access to ART services by persons under confinement has been the subject of lawsuits.
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"Professor Kindregan's book is simply the broadest, most complete summary of the law of assisted reproductive technology to date. The issues discussed in this book WILL inevitably
creep into every family law attorney's practice. When they do, you will clearly benefit by having
Professor Kindregan's thorough analysis close at hand."
Steven H. Snyder, Esq.
Snyder Law Firm
Maple Grove, MN
With Assisted Reproductive Technology: A Lawyer's Guide To Emerging Law and Science, authors Charles P. Kindregan, Jr. and Maureen McBrien provide a thoroughly comprehensive overview of a complex and evolving area of law. Despite the fact that assisted reproductive technology (ART) has been in use for decades and that its use continues to grow, the law in this area remains largely unsettled. Professor Kindregan and Ms. McBrien have done an exceptional job of pulling together relevant case law as well as existing ART legislation and model legislation to provide a practical guide for attorneys facing ART issues by helping to identify those issues and by providing practical means of addressing them. In an area where each issue seems to spawn a multitude of new issues this book covers an incredible amount of ground and makes an excellent addition to any family law or trust and estates law library.
Carole M. Bass, Esq.
Of Counsel, Trusts & Estates Department
Sonnenschein Nath & Rosenthal LLP
New York, NY
"Assisted Reproductive Technology: A Lawyer's Guide to Emerging Law and Science by Charles P. Kindregan and Maureen McBrien is an innovative, important and comprehensive resource for practitioners and judges facing the legal issues associated with ART. Although the laws surrounding the different types of ART are unsettled and non-uniform, the book provides considerable insight into these evolving legal issues as well as suggested solutions for resolving the complex legal questions which arise from the practice of ART. The authors also provide a wealth of objective information and created perhaps the single greatest resource concerning the different types of ART, complete with the leading statutes, case law and law review journals neatly organized in source. Many current practitioners face a burden in light of the complex legal issues and the splits of authority regarding ART. Kindregan and McBrien's book will serve as an invaluable, cutting edge resource in this ever expanding area of the law."
From the review by Andrea Messmer in the Journal of Health & Biomedical Law, Vol. III, No. 1 (2007)
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