There are many pathways to building a family. As medical technology has improved, many individuals have turned to assisted reproduction. Assisted Reproductive Technology (ART) is a phrase describing when medical technology is used to assist in achieving a pregnancy. ART is a broad term that covers in vitro fertilization, ova (egg) donation, sperm donation, intrauterine insemination (IUI), gestational surrogacy, and other types of fertility (or infertility) treatments.
Within this broad description of ART, there is a category known as “third-party reproduction”. This term is used whenever the assistance of a third-party is needed to achieve the goal of achieving a viable pregnancy. This may involve the use of a donor (egg or sperm) or the use of a gestational carrier (surrogate) to gestate the child.
Medical technology has advanced more quickly than the law. As a result, if you are considering one or more methods of third-party reproduction, it is critically important that you consult with an attorney experienced in this area of the law to thoroughly understand the legal landscape before beginning this journey. Jim has been practicing law since 1989 and working in the field of Assisted Reproduction since 1994.
For experienced, ethical and compassionate representation, please contact our office today for more information.
5 days ago
With sperm or egg donation, the intended parent(s) may connect with a prospective donor through an agency, their fertility clinic or on their own. Depending on how they connect with their donor, the intended parent(s) and their donor may need to enter into a “donation agreement” where they directly contract with each other. At other times, they may only need to execute a detailed consent document with their fertility clinic.
Because the legal requirements vary by situation, whether you’re an intended parent or a prospective egg or sperm donor, it’s important that you consult with an experienced ART attorney to make sure you understand the risks and liabilities associated with a gamete donation.
Many times in cases where the intended parents and gamete donor don’t know each other, the necessary legalities are taken care of at the time of donation at the fertility clinic where it’s performed. However, not all medical clinics’ egg donor contracts and sperm donor agreements address the same issues, which is why we still recommend a donor or intended parent work with a lawyer to ensure all the necessary legalities are covered. If you’re planning to work with an intended parent or gamete donor that you know, it will be best to work directly with an ART attorney from the very beginning of the process, too. Read more through the link below.
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