What Does a Fertility Lawyer Do?
Fertility lawyers work to protect the parental rights of intended parents when they opt to engage in assisted reproductive technology (ART) — such as egg donation or gestational surrogacy — in order to build a family. Fertility law is particularly essential to the smooth execution of a surrogacy agreement. A fertility lawyer designs the surrogacy contract and ensures that both intended parents and gestational surrogates understand all aspects of this contractual agreement.
Without fertility lawyers working toward the inviolability of ART and surrogacy contracts, the security and peace of mind one feels during an assisted reproduction transaction is placed in jeopardy. Fertility lawyers are well-versed in all the fertility law nuances of their respective locales.
Staying informed about modern family building
Most attorneys working outside the practice of fertility law are unfamiliar with the relatively new and evolving laws pertaining to assisted reproduction. It’s due to our exhaustive knowledge of the complex world of assisted reproduction — coupled with our legal acumen — that growing families retain and work with Falletta and Klein.
Real estate lawyers are abreast of information about the housing market and mortgage financing laws. Criminal attorneys know up-to-the-minute developments in related criminal cases that establish legal precedent. In much the same way, fertility lawyers stay informed of trends in modern family building: the legal, medical and social conditions affecting parents-to-be, sperm and egg donors, and surrogate partners.
Understanding state-specific statutes and laws
In the United States, surrogacy and reproductive laws are not uniform across all states. Some states prohibit gestational agreements, while others have few to no laws and protections for intended parents and surrogates in place. This inconsistency affects the cost, ease and efficiency of the surrogacy process.
Working with a fertility attorney in your state is a smart (early) step in your family-building journey. Your attorney will help you understand what to expect and what additional steps to take.
Executing written legal agreements for a smooth fertility process
If you are using a donor egg, donor sperm or a gestational surrogate to build your family, legally binding contracts are required in some states and helpful in others. These written agreements enable you to experience a rewarding ART process. With multiple parties and human emotion involved, it’s essential to maintain all aspects of a fertility agreement in writing. This helps ensure that intended parent(s) receive their right to parent a resulting baby, and safeguards against future disagreements regarding that child’s well-being.