Three Important Questions to Ask Your Fertility Lawyer

Using third-party reproduction services to grow your family is a big decision—and an exciting one! You’re that much closer to making your dreams a reality. This can also be a stressful time, as you begin to undergo medical procedures, start the process of choosing a donor or surrogate, and decipher the various legal requirements involved.

To help you navigate the legal aspects of third-party reproduction, we’ve compiled three important questions you should be sure to ask any fertility lawyers you’re considering working with.

1. What are the surrogacy or egg donor laws in my state?
Third-party reproduction laws vary from state to state. For example, surrogacy is practiced in most states in the U.S., but the specifics differ widely.

Some states explicitly legalize the practice, while others allow it without regulations on the books. Still others only allow surrogacy in certain conditions, and some states ban it altogether.

Make sure you ask your lawyer about the surrogacy or egg donor laws specific to your region.

2. Why do I need a surrogacy or egg donor contract?
Your fertility lawyer will work with you to draw up a detailed surrogacy or egg donor contract before any medical procedures begin. These agreements protect your rights as an intended parent, as well as the rights of your surrogate or donor, to ensure all parties are comfortable with the arrangement, which means it’s extremely unlikely conflicts or misunderstandings would arise later on.

A surrogacy contract puts the arrangement between the surrogate and the intended parents in writing. A fertility lawyer will draft this contract to establish the intended parents’ and surrogate’s legal rights and obligations, as well as agreements about the surrogate’s health conduct and communication guidelines throughout the process.

An egg donor contract does the same for donor agreements. As with surrogacy contracts, the written agreement will establish an escrow or trust for compensation or reimbursements, and it can establish agreed-upon timelines for medical procedures and future contact. Talk to your lawyer about the specifics of your fertility contract needs.

3. What can I expect from the surrogacy or egg donor legal process?
Ask your fertility lawyer to outline the surrogacy or egg donor legal process in full—including exactly what your rights and obligations are in the assisted reproduction process—to ensure you won’t be hit with any surprises along the way.

This conversation can include questions about how much the process will cost, how long it typically takes, and what type of experience the fertility lawyer has.

Learn More
While these three questions are a good starting point, you’ll want to jot down any other questions or concerns you may have before meeting with your fertility lawyer. Taking the time to research your options and explore the best lawyers for your needs will help make the legal process smooth and stress-free.

To learn more or set up an appointment with fertility law specialists at Falletta & Klein, contact the team today.

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