Five Things That Will Surprise You About Fertility Law

Navigating fertility treatments can be confusing and stressful on its own, and trying to decipher the ins and outs of fertility law can make things even more complicated. To help shed some light on fertility law, dispel a few common misconceptions, and guide you in what you can expect going forward, we’ve put together a list of five key facts.

1. Fertility laws vary from state to state.
While some hopeful parents may assume that fertility laws are set at a federal level, they actually vary from state to state. Some states, for example, are considered “surrogacy friendly,” while others are not; in other words, some states legally permit gestational surrogacy, and some prohibit it. Be sure to do your research on your state’s fertility laws to ensure as smooth and stress-free an experience as possible.

2. Health insurance won’t necessarily cover fertility treatments.
While it’s standard for health insurance to cover maternity and newborn care, fertility treatments are another story. Currently, just 16 states have infertility insurance coverage laws, and five states have fertility preservation laws for iatrogenic, or medically induced, infertility. Coverage will largely depend on the specifics of your plan. For instance, some plans cover in vitro fertilization (IVF) itself but not the injections typically required to be administered.

3. You should have a written contract in place.
Whether you’re using an egg donor, a sperm donor, or a gestational or traditional surrogate, a written contract should be drawn up to ensure all involved parties are in agreement. Key points may include whether the donor or surrogate will be able to contact the future potential child, or the extent to which they’ll be involved in the child’s life and your own life; overall desires and goals for pregnancy and parenting, as well as those of the donor or surrogate; how much involvement the donor or surrogate may have in medical decisions; and any dietary or lifestyle restrictions for the donor or surrogate.

4. Drafting fertility treatment agreements involves time and money.
Drafting an agreement, as discussed above, may take anywhere from two weeks to one month depending on the parties involved and your unique circumstances. It’s also important to keep in mind that drafting these contracts isn’t free; expect to pay approximately $2,000 to $3,000 to hire a fertility law specialist, who will draft the contract and ensure that you and the donor or surrogate are on the same page.

5. You should work with a trusted fertility lawyer.
While legal matters may be the last thing on your mind as you start exploring fertility treatment options, it’s crucial to find a reliable, experienced professional--someone you trust to handle these very important, sensitive matters. Research fertility law firms and lawyers in your area, explore testimonials and reviews online, and ask lots of questions.

Learn More
To learn more about fertility law or schedule a free legal consultation, get in touch with Falletta & Klein today.

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