Due to a host of complex legal issues surrounding assisted reproduction, some forms of family building, like surrogacy, adoption, and use of donor eggs or donor sperm, are best sought out with the guidance of an attorney. Lawyers specializing in Family Building and Reproductive Law are specifically trained to understand the role of each party as well as their parental involvement (if any) with the child. Therefore, it is advised that you consult one of these specialized attorneys before pursuing third party reproduction, surrogacy, or adoption.
Surrogacy is often considered the most legally-complex of the assisted reproductive technologies. A reproductive law attorney will create a contract that clearly states the rights and responsibilities of each party: the intended parents and the surrogate. The contract will also clarify the surrogacy fees, as well as any additional fees applicable.
A reproductive law attorney will help you understand the different adoption laws for your state or country and the state or country from which you are adopting a child. Your lawyer will also help you understand the risks involved with the adoption before it is finalized and will create a post-adoption agreement, which will state what role, if any, the birth parents will play in the child’s life.
Third party reproduction
When pursuing egg donation, sperm donation, or embryo donation, a reproductive law attorney will thoroughly outline a contract specifying the rights and responsibilities of each party involved. This agreement will detail custody and parenting time of a child resulting from third party reproduction, will list any compensation or expenses, will address any required health screenings for the donor, and will protect your rights against future claims for parenting time or financial support.
Where to find a Family Building and Reproductive Law Attorney
FertilityAuthority.com maintains a database of reproductive health professionals including attorneys, complementary care professionals, and fertility doctors or clinics local to you. Consult the directory for a list of attorneys in your area best suited to advise you on third party reproduction laws.
Want to be even more thorough in your reproductive lawyer search? Check out this list of questions to ask your Family Building and Reproductive Law Attorney and don’t forget to check out these forums on FertileThoughts.com: