Fertility Law at Simms Russell Law

03/09/2023

CALL TO ACTION!
Protect IVF access for the thousands of Kentuckians who need assisted reproductive technology to grown their families. Contact your state representatives and tell them to vote "NO" on House Bill 300.

09/24/2022

It's our final morning at the AAAA conference in Nashville! Today we're going over best practices for contract drafting and enforcement. It's a great refresher and fantastic to get the perspectives and the real world experiences of ART professionals across the country!

09/23/2022

We've been having a great time at the AAAA conference in Nashville! We've eaten good food, met new friends and colleagues, toured the Musicians Hall of Fame, but most importantly, learned tips and tricks to better advise and support our clients in a post-Dobbs world! We have one more morning of learning ahead, but we're eager to get back to Louisville and share our new knowledge with the families we work with.

09/22/2022

We have arrived! Partner Rebecca Simms and Associate Shanna Ballinger will be at the Academy of Adoption and Assisted Reproduction Attorneys conference in Nashville for the next few days. We'll be catching up on trends and issues in the ART field, as well as learning from leading professionals across the country! Prepare for a photo dump of our weekend fun!

06/27/2022

What does Kentucky's trigger law, which went into effect on Friday with the overturning of Roe v. Wade, mean for you and your parenthood journey?

The short answer is...we don't know yet.

The new law say that life begins at fertilization, meaning that all cryopreserved embryos are now "people." This will have unknown implications on how you can store and dispose of unused or otherwise damaged or deficient embryos. Furthermore, selective reduction is no longer an option in Kentucky, meaning that Intended Parents and Gestational Carriers may want to consider purchasing additional insurance policies in the event of a higher order multiple pregnancy and renegotiating certain terms of their contracts.

Shanna and ART professionals in other states with similar laws are working to determine what implications these laws will have. If you have questions about your options, don't hesitate to give us a call at 502-709-9900.

05/08/2022

04/08/2022

It doesn't take much searching to find countless horror stories about s***m donation gone wrong--donors who lied about their medical history or their background, vials of s***m mixed up, and horrifyingly, doctors who use their own "sample." Not all s***m banks are created equal, and thus it is imperative for the health and well-being of your future child to do your due diligence when selecting the facility from which you will purchase your donor s***m.

The Food and Drug Administration ("FDA") regulates the donation of human tissue, including s***m. Their guidelines cover the handling, labeling, storage, shipment, and testing of donor material. However, the testing required is limited to certain communicable diseases, like HIV and Zika; facilities are not required by federal law to test for genetic conditions, and they are otherwise largely unregulated. Nothing requires facilities to validate the background or health history information provided by their donors.

Further complicating the issue is that the law has not advanced at the same rate as reproductive technology, leaving the question of if parents can recover damages against a s***m bank who provided them with less than prime s***m, and if so, what damages and under what cause of action. Some parents have attempted to file “wrongful life” or “wrongful birth” suits against the s***m bank or medical providers; courts have generally been wary to assess damages where the difference contemplated is between an impaired life and no life at all. However, some courts have awarded specific damages for extraordinary expenses incurred by an undisclosed genetic defect or disease.

Rest assured that there are plenty of reputable, thorough facilities who do more than the bare minimum required under the law and they will happily disclose all additional tests and investigations into donors that they perform. Your fertility specialist may have recommendations for s***m banks they have worked with before. You can also check the FDA’s database to see if a facility you are considering using has been cited for non-compliance (https://www.fda.gov/inspections-compliance-enforcement-and-criminal-investigations/compliance-actions-and-activities/warning-letters).

For more information about how to grow your family through Assisted Reproductive Technology, contact Shanna at Simms Russell Law.

08/03/2021

Time a for a little Q&A!

Question: Is surrogacy legal in Kentucky?

Answer: As with most things in the law, it depends. There are two types of surrogacy--traditional and gestational. Traditional surrogacy is when the surrogate not only carries the baby, but uses her own eggs. She is usually artificially inseminated. Gestational surrogacy is when the surrogate is implanted with an embryo created with someone else's egg.

It is illegal in Kentucky to compensate someone for traditional surrogacy, as it is considered "selling" the baby. Even with gestational surrogacy, there are certain parameters regarding what costs the intended parents are to pay and what compensation the surrogate is to receive.

As always, it is vital to contact a knowledgeable attorney before beginning your surrogacy journey! Call Simms Russell Law at 502-709-9900 for a free consultation.

07/16/2021

Disappointing news out of Frankfort today--the state has renewed their contract with Sunrise Children's Services after a dispute about anti-discrimination language in contract negotiations. Sunrise remains free to refuse to place foster children in loving homes with LGBTQ parents. You can read the full story at courier-journal.com.

At Simms Russell Law, we do not care if you are gay, straight, black, white, pink, purple, polka dotted, or anything in between. Who you love does not matter, so long as you have the love to give your child. Call us today at (502) 709-9900 to discuss your family planning options.

07/13/2021

According to the Cabinet for Health and Family Services, as of July 2021, there were 9,170 children in foster care in Kentucky. Of those, 3,190 were waiting to be adopted. That means that are 3,190 children without a family. The average age of a child in foster care is ten.

If you or someone you know are interested in adoption, call Simms Russell Law at (502) 709-9900.

07/12/2021

Fertility lawyers aren't just for people with "infertility." Shanna Downey Ballinger, attorney at Simms Russell Law in our Fertility Law practice, shares her own experience below.

"It was 6 years ago today that the entire course of my life that I had mapped in my head totally changed. On July 12, 2015, I was being discharged from the hospital after the birth of my youngest son. He was still in the Intermediate Care Nursey and wouldn't come home for a few more days. (Don't worry! He's fine now!) When my OB/GYN came in the room to discharge me, he had some advice I was not expecting. "Mrs. Ballinger," he said. "I would advise that you do not have any more children. I think this baby should be your last." His reason? I have a chronic illness called Postural Orthostatic Tachycardia Syndrome (POTS), which was always exacerbated when I was pregnant. I would frequently lose consciousness, which just isn't safe when you're pregnant, especially if you're already caring for two other small children.

My world was rocked. My husband and I always planned to have three children. I had boys, and I wanted a daughter! I knew my pregnancies were hard, but I never thought of them as "dangerous." But I knew my doctor was right. We have two beautiful sons, and though we've settled into life as a family of four, that baby fever still hits me. (So far, I've been treating it by adopting new puppies, but I don't think my husband will let me have another!) If and when we decide to add to our family, I know we'll need the assistance of a fertility lawyer because carrying another baby myself just is not an option."

If you need help adding to your own, call Shanna at (502) 709-9900. You can rest assured knowing she understands.