You should seek legal counsel if you’re considering using ART (assisted reproductive technology) or surrogacy as your family-building method. An ART attorney can help you navigate the legal questions about third-party reproduction and ensure that all parties involved are protected.
Establishing Parentage
Establishing parentage is essential for a child’s health and development. It protects parents from being taken advantage of and offers children the opportunity to bond with their fathers. It also conveys fundamental legal rights and privileges, including the right to medical and life insurance benefits, Social Security and pension benefits, and possibly veterans’ benefits. The three main ways to establish parentage under the center for reproductive rights are marriage, a court order, or through voluntary acknowledgment of paternity (AOP). The most common way for parents to do this is by signing an AOP at the hospital immediately after birth. A hospital staff member will help the parents fill out the AOP, answer any questions, and submit the form to the Department of Health. If both parents are present and willing to sign the Acknowledgment of Parentage, their names will appear on the child’s birth certificate. If one of the parents is not ready to sign the AOP, a court order or affidavit acknowledging paternity can be obtained by filing a petition. A court may also require a DNA test to prove that the person named as the child’s father is the child’s father or that the person denies being the child’s father. The DNA test results will be used to determine if the man named as the child’s father is, in fact, the child’s biological father and whether or not he has been paying support for the child.
Surrogacy Agreements
If you’re a surrogate or an intended parent, a reproductive attorney can help you with all the legal steps and documentation necessary to establish your parental rights. They can also ensure you’re following the laws in your state and avoiding any mistakes that could harm you or your child later on. Whether or not you’re a gestational carrier, you must ensure that the contract you sign clearly and accurately lays out your legal rights as a surrogate. This includes determining who will have the right to decide if the embryos should be reduced or terminated and what happens if you’re pregnant with multiples or have a severe medical condition or abnormality. Additionally, the contract should detail what should happen to the baby if it dies during pregnancy or shortly after birth. A reproductive lawyer can help you with this important document and can assist you in drafting a comprehensive surrogacy agreement covering everything from the embryo transfer process to medical procedures and parental rights. The contract should also specify what should happen to the surrogate during a miscarriage or consensual abortion and what should be done to provide medical assistance. It should also contain provisions that deal with what will happen in the rare case of stillbirth or other complications, including who is responsible for making burial and funeral arrangements if the child dies.
Adoption
Whether you’re a single parent, couple, or both, adoption is an option that can make the dream of having your child come true. Adoption is also a great way to create a blended family, which promotes acceptance and tolerance. Many people choose to adopt for various reasons, but the most common reasons are as follows: They want to give a child a home and a family that can love and nurture them. This can be a powerful motivation for those who have experienced infertility or a medical condition that makes pregnancy impossible. The decision to adopt can be challenging for those considering it, but it’s necessary to help them fulfill their family’s dream and create a loving home. Regardless of why you decide to adopt, take your time and consider every aspect of the process to ensure you’re making the right decision for your family.
Donor Agreements
Donor agreements are essential for donors and intended parents to have legal representation when signing. They can help minimize the risk of unexpected complications by addressing future contact, expense reimbursements, and healthcare decision-making. Many fertility clinics and agencies that facilitate embryo adoption require donors and recipients to sign an agreement containing their rights and obligations. While these agreements are generally good, they can also be challenging to navigate without the guidance of a reproductive attorney. The Internet is full of sample donor agreements, but these often need to be completed based on principles that only apply to your situation. A reproductive attorney will be able to provide you with a well-drafted donor agreement that is tailored to your needs and will ensure that all of the legal issues are addressed.
Gestational Carriers
A gestational carrier (GC) is a woman who carries an embryo to term on behalf of a couple or individual who can’t have children. It is a form of assisted reproductive technology (ART) that was created to provide new hope for women with medical conditions that prevented them from becoming pregnant and for members of the LGBTQ+ community who were unable to have children due to a lack of donor eggs or sperm. Gestational carriers are selected through a surrogacy agency, which matches them with intended parents who need a page. The agency also helps establish legal agreements (contracts) between the intended parents and the GC. They can help you create a contract that spells out your rights as parents and your baby’s rights. Because these relationships have a lot of complicated nuances and issues, it’s recommended to consult a reproductive attorney before attempting to use a GC for your family.
