A healthy baby boy was born in April of 2016 in Mexico following a method of conception involving a three-parent technique known as a "spindle nuclear transfer." The scientific procedure entails adding genetic material from a female donor to the mother's egg. The egg is then fertilized with the father's sperm to create an embryo which ultimately becomes a baby.
The original purpose of this bio-medical reproductive technology was to prevent a severe neurological condition affecting about one in 40,000 newborns. The mother in this case had suffered four miscarriages and the loss of several children due to the syndrome.
The founder of the New Hope Fertility Center in New York City Dr. John Zhang and his team of medical professionals traveled to Mexico to perform the procedure. The U. S. Food and Drug Administration (FDA) has not yet approved the technique, and Mexico does not enforce such regulations.
From the perspective of domestic relations law, Angela Arkin, a Colorado Family Law Attorney with The Harris Law Firm and former District Court Judge, commented on the issue of assisted reproduction:
“Usually, the parties involved in assisted reproduction cases enter into legal agreements regarding the creation of the child, before the child is created. Most states, including Colorado, have statutes that address the “donation” of biological material by a 3rd party (i.e. sperm or eggs) that do not allow the donor any parenting rights (i.e. parenting time with or decision making for the child) or create any responsibilities for the child (i.e. support). It would seem that this kind of legal matter, should it arise in the U.S. in the future, would need to be addressed by our lawmakers. Certainly, until this matter is out of the experimental milieu, it is too soon to be asking what courts would do.”
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