Our attorneys specialize in Assisted Reproductive Technology Law and are honored to work with Intended Parents and Gestational Surrogates nationally and internationally. Our attorneys are proud to take part in the very important family building journey and work with all family types including individuals, heterosexual couples, and same-sex couples to build and grow their families.
We provide Assisted Reproductive Technology legal services to our clients, nationally and internationally, in all areas of Reproductive Law, including:
- Gestational Surrogacy Agreements
- Egg Donor Agreements
- Sperm Donor Agreements
- Embryo Donation Agreements
- Birth Orders and Birth Certificates
- Review of Insurance Coverage and Healthcare Options
- Co-parenting Agreements
Learn more about our specific offerings by clicking on the following categories:
There are two types of surrogacy arrangements, traditional surrogacy and gestational surrogacy.
In a traditional surrogacy arrangement, the surrogate is impregnated with the sperm of the Intended Father, or a donor sperm, and uses her own eggs. This type of surrogacy is not common.
In a gestational surrogacy arrangement, the surrogate, also called gestational carrier, carries a child to term that is not biologically related to her. The gestational carrier is impregnated with an embryo created from the union of the Intended Mother’s egg, or an egg donor, and the Intended Father’s sperm, or a sperm donor.
Surrogacy laws vary from state to state, and an understanding of the various laws and their applicability is crucial. Our experienced legal team assists our clients in understanding the various state laws and their applicability to the clients individualized situation. Our attorneys also work closely with our national and international network of professional, experienced and licensed attorneys to provide our clients with individualized and personal legal guidance in all aspects of reproductive law throughout their family building journey.
Legal planning is imperative when Intended Parents are growing their family by means of an egg donor. Our experienced attorneys assist our clients to understand the legal issues and applicable state law involving the egg donation process.
An egg donor, also referred to as ovum donor or oocyte donor, may be a known donor or an anonymous donor. Either way, it is crucial to enter into a written contract between the Intended Parents and the egg donor prior to proceeding with the egg donation process. This written contract is typically referred to as egg donor agreement, ovum donor agreement or oocyte donor agreement. There are many important legal issues to consider when discussing the egg donation process such as issues involving an egg donor insurance policy, unforeseen events, compensation and reimbursements, relinquishment of rights to a future child, and issues relating to potential unused embryos. Our attorneys will ensure that our clients fully understand their rights and that their interests are fully protected in the contract.
Intended Parents may need to use a sperm donor during their family building journey. A sperm donor may be known or anonymous. While the process involving a sperm donor may not be medically invasive, it is crucial to ensure that the proper consent forms and a sperm donor contract is in place prior to proceeding with the sperm donor process.
Our legal team specializes in reproductive law and assists our clients in reviewing consent forms, drafting and understanding the Sperm Donor Agreement, and most importantly avoid a potential custodial or child support legal battle.
Couples and individuals who built their families by means of assisted reproductive technology may find themselves in a situation where they have completed their family and have remaining cryopreserved embryos that they do not intend to use.
There are several options when it comes to deciding what to do with unused cryopreserved embryos. One generous option is to donate the cryopreserved embryos to another recipient family who are seeking to build their family by means of assisted reproductive technology.
Our experienced legal team assists our clients to understand all legal options involving unused cryopreserved embryos. Our attorneys are proud to work together with all the parties to ensure that a proper embryo donor contract is in place that protects the recipient Intended Parents and the embryo donors’ rights and responsibilities to a future child.
Birth Orders and Birth Certificates
A proper birth order and birth certificate is crucial to ensure that the Intended Parents are the legal parents of their child and that the child is able to obtain healthcare insurance coverage under the Intended Parents names.
Our attorneys specialize in reproductive law and assist our clients to ensure that a pre or post birth order is timely obtained and that a birth certificate or amended birth certificate is issued. Our attorneys work closely with our clients to explain the applicable state law of a pre and post birth order and the procedure of how the proper birth certificate is obtained and issued.
Our attorneys further assist our international clients to ensure that the Intended Parents understand the procedure of obtaining the birth certificate and a passport for their child so that they have a smooth transition and journey when taking their baby to their home country.
Review of Insurance and Healthcare Options
Couples and individuals who turn to surrogacy for a gestational carrier to carry their child must first understand how the medical expenses relating to the surrogacy pregnancy will be covered. While the gestational carrier may have her own health insurance, her policy may or may not cover the surrogacy pregnancy. Even after the Patient Protection and Affordable Care Act (PPACA) went into effect on January 1, 2014, which mandated that all maternity care must be covered, various insurance providers and employers still place restrictions and exclusions on maternity care coverage for a surrogacy pregnancy.
Our attorneys work closely with Intended Parents and gestational carriers to review and analyze the terms and conditions of various health insurance policy plans to determine if the policy includes a surrogacy exclusion. Our attorneys further work closely with our clients to assist them in understanding all of their options when it comes to purchasing health insurance coverage that will cover a surrogacy pregnancy, whether by means of purchasing a surrogacy insurance policy or an alternate healthcare plan available on the market.
A co-parenting agreement is crucial in a situation where the Intended Parents and the sperm or egg donor all agree that both the Intended Parents and the donor will have legal parental rights and obligations or parental visitation rights to the future child.
Our attorneys review with our clients the applicable state law to ensure that the Intended Parents and the donor understand their legal parental rights and obligations. Our experienced attorneys work closely with our clients to draft a co-parenting agreement between the Intended Parents and the sperm or egg donor, to ensure that all the parties’ legal rights are protected and that the parties’ full understanding of their agreement as it relates to future contact with the child and parenting of the child is properly articulated.
Resources and Suggested Reading
- Taking Charge of Infertility, By Patricia Irwin Johnston
- Understanding Infertility, By Patricia Irwin Johnston