Do I Really Need a Fertility Lawyer During Third-Party Reproduction?

You may have been surprised to discover that the field of fertility law exists, that entire firms deal solely with fertility-based legal issues. You may also be wondering whether a lawyer is really necessary as you undergo the third-party reproduction process.

First, you should know that a fertility lawyer will protect your rights as you enter any process that entails the use of assisted reproduction technology (ART). This is extremely important, as these procedures require legal contracts, and some require judicial hearings. Without a fertility lawyer, you’re left to secure your parental rights on your own, without the proper experience that would put your mind at ease and allow you to focus completely on building your family.

It’s also important to know that fertility law is constantly evolving, and because fertility is not federally regulated, each state in the U.S. has its own unique policy regarding certain fertility procedures. To give you the highest-quality legal service, fertility lawyers stay up to date on changes in the laws across various states.

Common Scenarios Requiring Fertility Lawyers
Surrogacy, the process by which a woman (the surrogate) donates the use of her uterus (and in some cases, her own eggs, genetically linking her to the baby, though that’s less common today), requires contracts for both the surrogate and the intended parents. Fertility lawyers draft these contracts to protect intended parents’ parental rights and protect the surrogate’s right to compensation and care.

Egg donation is the process by which a donor gives her own eggs to intended parent(s), typically having the eggs retrieved from her uterus and inserted into the uterus of the intended mother. Fertility lawyers draft agreements to legally establish that the child born as a result of an egg donation is the legal child of the intended parent(s).

There are even legal issues to consider after the baby is born. A fertility lawyer can assist with birth certificates and passports for children born of third-party reproduction.

Fertility procedures and arrangements can be complicated enough on their own. You don’t want to undergo these complex legal proceedings and draft these crucial fertility contracts without the experienced assistance of an attorney who is dedicated to the practice of fertility law.

Fertility lawyers are here to make at least this aspect of building your family through third-party reproduction a little easier.

Learn More
If you are considering entering a third-party reproduction arrangement and want to discuss legal assistance, contact Falletta & Klein today.

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