What is a Fertility Lawyer?

A fertility lawyer is a legal professional who specializes in reproductive law, assisting individuals and couples with the legal aspects of building families through assisted reproductive technologies including IVF.

Common Areas of Fertility Law:

1. Surrogacy Agreements

   • Drafting and reviewing contracts between intended parents and gestational carriers or gestational surrogates.

   • Drafting and reviewing contracts between intended parents and traditional surrogates.

   • Ensuring compliance with state and international laws.

   • Ensuring all requirements (legal and ethical) are met.

     
     

2. Egg, Sperm, and Embryo Donation

   • Creating and negotiating donor agreements.

   • Clarifying rights and responsibilities of donors and recipients.

   • Establishing who is and who is not a legal parent.

     
     

3. Parentage Orders / Establishing Legal Parenthood

   • Ensuring intended parents are legally recognized as the parents of the resulting child, especially in cases involving surrogacy or donor conception.

   • Filing pre-birth or post-birth orders, depending on jurisdiction.

   • Completing confirmatory adoptions or second parent/step parent adoptions as may be advisable.

     
     

4. Embryo Disposition and IVF Issues

   • Addressing legal questions around the use, storage, and destruction of frozen embryos, especially in scenarios involving divorce or death.

   • Ensuring embryos are stored in a preferred jurisdiction or location.

     
     

5. LGBTQ+ Family Building Support

   • Navigating gamete donation, conception, and legal parentage in for LGBTQ individuals.

     
     

6. International Fertility Law

   • Assisting with cross-border surrogacy and donor arrangements.

   • Navigating immigration and citizenship issues for children born abroad via surrogacy.

     
     

7. Insurance Coverage

   • Purchasing necessary or advisable insurance.

   • Handling insurance appeals.

     
     

8. Legislative and Patient Advocacy

   • Advocating on your behalf to change law and policy.

     
     

When to Hire a Fertility Lawyer:

• You're entering into a surrogacy or donor agreement.

• You're creating embryos with a partner or spouse.

• You need to secure legal parentage.

• You're navigating ART across state or international borders.

• You’re LGBTQ+ and need tailored legal protection for your family.

• You need assistance navigating insurance matters.

• You need assistance reviewing forms with your IVF Clinic.