Why and When Legal Assistance Is Necessary When Dealing With ART

International Fertility - Couple Talking to Doctor about FertilityEvery year, more and more people turn to assisted reproductive technology to start or expand their families. Technology has helped those who may be unable to conceive a child on their own, either due to fertility issues, age, or both, obtain the family that they desire. While there are so many benefits associated with ART, there are also a lot of legalities involved with the process. If you are preparing to use assisted reproductive technology to help you start or expand your family, you may need the services provided by Midwest Fertility Law Group. Here is more information about why and when legal assistance may be necessary when dealing with ART.

What is Assisted Reproductive Technology? 

Assisted reproductive technology, or ART, is related to medical treatments that involve the handling of sperm or egg. The end goal of ART is to create a new life. Some of the most common forms of assisted reproductive technology include in vitro fertilization, surrogacy, and genetic material donations, such as egg or sperm donations. ART may also extend to cryopreservation of sperm, egg gametes, or embryos. If you are thinking of using ART to start or expand a family, you should consider consulting with Midwest ART attorneys prior to starting your fertility journey.

Why Do You Need Legal Assistance and Protection With ART?  

When it comes to children being conceived in a traditional fashion, both biological parents have an equal right to the child. However, the rights of biological parents are not always as clear-cut when it comes to children who are conceived with the help of assisted reproductive technology. For example, if you are using a sperm donor to inseminate an egg, should the sperm donor have a right to the child? These are legal questions that should be worked out prior to fertility treatments. A fertility law firm or fertility lawyer can help you to protect your rights.

SurrogateIf you are using a surrogate to carry a child, you may need to determine who the legal parents of the child are. In a very traditional sense, the woman giving birth to a child is presumed to be the child’s mother. However, if you use someone to carry the child, you want to protect your rights to the child and ensure the surrogate does not have any claims to the child upon giving birth. A Midwest fertility attorney can help with this agreement, ensuring every party involved knows what their rights are and who the legal parents of the child are.

Each case is different, and the legalities surrounding the cases can vary. A great fertility lawyer will assist with legal agreements, birth orders, and parentage proof in all cases involving ART.

What Common Agreements Can an Attorney Assist With? 

A Midwest Assisted Reproductive Technology Attorney can help you with all the legalities surrounding any assisted reproductive technology procedure. It is important to understand that technology is ever-changing, and the techniques that are used today may differ from the techniques that are used tomorrow. A great law firm will stay on top of technology and how it is changing the laws surrounding ART. This allows them to help you with all the legalities surrounding ART treatments. Some of the most common agreements that a Midwest Fertility Lawyer can help with include:

  • Donor agreements
  • Embryo placement agreements
  • Gestational carrier agreements
  • Pre-birth orders
  • Establishing legal parentage
  • Agreements pertaining to cryopreservation of gametes or embryos

Anytime you are using someone’s sperm, egg, or body to make a baby or carry a baby, there may be questions about parentage and who has rights to the child. This is not a discussion that you want to take place after a child has finally been conceived or born. You want to ensure that all this information is handled prior to a life being created. Assisted reproductive technology can be a sensitive and emotional subject. Therefore you need a lawyer who understands the situation you are in and will work to help you achieve the outcome you desire.

Reach out to Midwest Fertility Law Group prior to undergoing fertility treatment involving ART.