New York, Connecticut, Maine, Massachusetts & New Hampshire Fertility Law Firm

It’s imperative for LGBTQ+ parents of children born through assisted reproduction to secure their parental rights through a court order recognizing their legal parentage.  Whether you obtain a judgment of parentage, second parent adoption, confirmatory adoption, or other form of court order declaring you as the legal parent of your child(ren) will depend on your jurisdiction, the facts specific to your family, and your decision about what process is best for you.

Parentage laws vary from state to state, so it’s important to consult with an attorney licensed in your state in order to present you with the options available to you, and guide you throughout the process.

And no, being on the birth certificate is not enough to establish parental rights – but it is a good start.

The best way to prevent embryo disputes is to have an explicit, written embryo disposition agreement before or during the IVF process.  This agreement should outline what happens to your embryos in the event of divorce, death, a change in circumstance, or a dispute between you and your partner about the future use and disposition of your embryos.

By defining ownership and dispositional control in advance, you reduce the risk of confusion or conflict later on.  While outcomes for embryo disputes across jurisdictions vary, a clear embryo disposition agreement can provide clarity and best situate you in the event of a future dispute.  Our New York embryo dispute lawyer can help you prepare documents that reflect your wishes and comply with state law.

A sperm donor does not have parental rights or financial obligations when a clear and valid sperm donation agreement that adheres to the law is entered by the donor and the intended parents.  Jurisdictions throughout the United States differ on the legal requirements for a sperm donation agreement, so consult with a fertility lawyer in your jurisdiction for guidance before you agree to engage in a sperm donation arrangement.

Our lawyer works with donors and intended parents to make sure their donation agreement outlines the rights and responsibilities of all parties and clearly defines who is a donor and who is a legal parent.  Without a formal legal agreement, all parties involved are left vulnerable to future claims of legal parentage and rights and responsibilities to any resulting child.  A well-drafted sperm donation contract protects the donor and the intended parents by confirming their intent at the outset of their donation arrangement.

Egg donation is permitted throughout the United States, but laws about compensation, legal parentage, anonymity, and consent vary by state.  Generally, egg donors must be at least 18 years old and pass medical and psychological screenings before entering into a donation agreement.  Intended parents and donors should also enter into a legal agreement that outlines the rights and responsibilities of all parties, provides compensation and reimbursement terms, addresses expectations regarding future contact and confidentiality, and most importantly, designates who is a legal parent.

At Oleaga Law, LLC, we help clients create agreements that respect both parties and comply with all applicable regulations and laws.  A clear agreement protects everyone involved.

Yes.  First and foremost a surrogate will always have the right to bodily autonomy and to make decisions about herself and her pregnancy whether the surrogacy agreement states so or not.  While the details of any surrogacy arrangement are governed by state law, and the laws of each state differ greatly in this respect, some things remain consistent across state lines, like the surrogate’s right to independent legal counsel of her choosing, and the surrogate’s right to reimbursement from the intended parents for all medical expenses related to the prenatal, birth, and postpartum periods.  The specifics of your surrogacy arrangement will depend on your jurisdiction, your agency, and your personal circumstances.  Reaching out to an experienced surrogacy attorney at the outset of your surrogacy journey to discuss your rights is invaluable.

At Oleaga Law LLC we are passionate about helping people build strong, loving families through the incredible gift that is gestational surrogacy.  We support both surrogates and intended parents in crafting clear gestational surrogacy agreements, obtaining parentage orders (pre-birth and post-birth), and supporting surrogates and new parents through postpartum.

In vitro fertilization (IVF) is legal in every U.S. state, but the specific laws governing consent to assisted reproduction, the legal definition of an embryo, and legal parentage through assisted reproduction vary by state.  Generally, both intended parents must provide written consent for the creation and use of embryos, along with written indication of their intention regarding legal parentage.  The legal status of embryos can change across state lines, so it’s important to understand the legal framework in your state before you create embryos or transport genetic material across state lines.