Artificial Conception: Artificial Insemination and In Vitro Fertilization

artificial conception

The Meaning of Artificial Insemination

Basically, artificial insemination is one way that can aid or cure certain kinds of infertility in both men and women. In this process, sperm are inserted directly into a woman's cervix, fallopian tubes, or uterus. The trip is shorter for the sperm and it bypasses any probable obstacles. In essence, it makes pregnancy possible where it wasn't before.

Factors that Lessen Your Chance of Successful Artificial Insemination

There are factors affecting the successful procedure of artificial insemination. These factors are the older age of the woman, poor egg or sperm quality, severe endometriosis, severe damage to fallopian tubes that usually from chronic infection, and blockage of fallopian tubes.

The Law Surrounding Artificial Insemination

There are many questions regarding artificial insemination. These legal concerns baffle many people. Most states' laws mentioned that a child born as a result of artificial insemination using the husband's sperm is presumed to be the husband's legal child.

In fact, most states have “presumption” laws, which presume that a child born to a married woman is the child of her husband, and the label of the husband as a father in a case involving artificial insemination originates from those laws.

Please note that when a child is born after artificial insemination using the sperm of a third-party donor the law is less clear. Some states stipulate that the child is presumed to be the legal child of the mother and her husband, whereas others leave open the possibility that the child could be acknowledged as an illegitimate child.

The Meaning of In Vitro Fertilization

These days, there is a process for an egg transplantation involving the fertilization of the egg outside the womb. It is called the process of in vitro fertilization or IVF. Basically, this comparatively new technique has caused several questions as to rights of the various parties and remedies available to them if unlawful acts transpire in relation to the procedure.

The Law Surrounding In Vitro Fertilization

If we speak in a general matter, where the egg is donated by another woman, the birth mother will be treated as the legitimate mother of the child. It is clear in the eyes of the law. In most cases, there are distinct concerns for same-sex couples relating to establishing parental rights of children born as a result of IVF.

There are numerous issues that may arise with respect to the procedure of in vitro fertilization and these are safekeeping of the egg, liability for the egg, custody issues over the egg, inheritance rights of the egg, parentage issues when the fertilized egg is replanted in the donor, parentage issues when the sperm used is donor sperm, parentage issues when the egg used for fertilization is from a donor and parentage issues when the fertilized egg is placed in another woman other than the donor.

It is significant to know that laws across the United States relating to IVF are fairly unreliable. As such, you may wish to consult a legal counsel to find out what relevant state statutes or regulations are applicable in your jurisdiction before considering any of these options.

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Revised: April 26, 2018, 8:14 p.m.
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