What is the role of an attorney for Intended Parents?

Advances in medical technology have provided numerous and sometimes overwhelming options for Intended Parents seeking to build their families through egg donation, sperm donation, embryo donation and surrogacy. Since most states’ laws have not kept pace with this technology, the legal parentage of a child born of assisted reproductive technology may be uncertain. Moreover, state laws regarding parentage differ, increasing the legal complexities involved in interstate collaborative reproductive arrangements.

In addition to legal issues surrounding parentage, numerous other issues arise in any collaborative reproduction arrangement, such as liability, confidentiality, medical expenses and insurance, as well as long-term issues that may arise after a child is born. For those working with recruiters, there is the added factor of defining the terms of the Intended Parents’ relationship with that entity.

Legal advice from an experienced and knowledgeable attorney can help provide Intended Parents with an understanding of potential legal risks involved in their reproductive arrangement as well as the safeguards that can be put in place to help minimize those risks.

DEFINITIONS

Egg Donation
Egg Donation is a form of assisted reproductive technology in which a woman provides her eggs to Intended Parents for use in an in vitro fertilization (IVF) procedure (with either the Intended Mother or a gestational surrogate carrying the child) with the intent that the Intended Parents will become the legal parents of the child.

Embryo Donation
Embryo Donation is a form of assisted reproductive technology in which previously formed embryos (created for another individual or couple who previously underwent treatment and who no longer wishes to use those embryos to build their family) are donated to potential Intended Parents.

Sperm Donation
Sperm Donation is a form of assisted reproductive technology in which a man provides his sperm to Intended Parents for use in either an IVF procedure or an artificial insemination with the intent that the Intended Parents will become the legal parents of the child.

Gestational Surrogacy
is a form of assisted reproductive technology in which a woman gestates a child conceived from either the Intended Mother’s eggs or an egg donor’s eggs with the intent that the Intended Parents will become the legal parents of the child.

Traditional Surrogacy
is a form of assisted reproductive technology in which the woman who gestates a child provides the egg as well as carries the child to term with the intent that the Intended Parents will become the legal parents of the child. Therefore, after the birth of the child, the traditional surrogate must agree to relinquish her parental rights through an adoption proceeding in order for the Intended Parents to establish their legal parentage of the child.

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