In 1978. That was the first time in the history of the world that a child was conceived outside of a mother’s body (an egg being fertilized in a dish), and then successfully carried through pregnancy to life by the mother. Until then, we were always certain that if a mother delivered a child, it was her biological child since her egg was fertizlized within her body, even if the sperm was donated. In 1978, everything changed. The child was Baby Louise and her story can be found via an easy internet search (you can read more about her story by clcking here). That was the start of successful in vitro fertilzation and the start of a brand new area of law.
I write about this since a guest lecturer for the Domestic Relations Law School course I teach discussed it last night. Ruth Claiborne is a leader in the legal field of assisted reproductive technology (ART) and her insights made for an exciting and interesting class.
From that day back in 1978, the field of ART has exploded. So have legal quandries surrounding it. Frozen embryos, inheritance by an embryo, custody battles between a surrogate mother and the biological mother, adoption of children not yet born and other legal quagmires have made this area of the law fascinating. There is a growing interest in ART among lawyers and non-lawyers. At our Spring and Fall ABA Family Law Section seminars, we are seeing more and more programs dealing with these topics. The leaders in this field, including attorney Steven Snyder and Professor Charles Kindregan and many others have generously given their time and talent to educating other lawyers about this new and emerging are of the law.
And these issues are everywhere. They have impacted almost every area of family law. For instance, some opponents of gay marriage used to argue that marriage was only for people who could procreate. Well that argument is now gone, or severely dimished since a same sex couple can now have a baby using donated sperm or a donated egg.
By no means am I an expert in this area. To the contrary, I still feel often like a little boy in science class learning new things. Last night during my law school class, I had that feeling again, and it was great.