Assisted Reproductive Technology (ART)

The conception and birth of a child is nothing short of a commonplace miracle. For many people, the process of becoming parents seems a lot less commonplace and a lot more miraculous, as they need help on their journey to parenthood: assisted reproductive technology.

Assisted reproductive technology (ART) may become necessary when a couple has difficulty conceiving on their own, is biologically unable to conceive (such as with same-sex partners), or when an individual without a partner wants to become a parent. Advances in technology, and the help of egg and sperm donors, embryo donors, and surrogates, make parenthood possible for many intended parents.

The involvement of technology, and more parties, in the birth of a child, raises issues regarding all parties’ rights and responsibilities. In order to ensure that the process continues to be miraculous, rather than contentious, it is critical that everyone involved understands their rights and obligations. As an experienced ART attorney, Heather Mulroney works with donors, surrogates, and intended parents to help them navigate the legal issues involved in creating a family through ART.

ART Attorney for Donors, Surrogates, and Intended Parents

At the outset of an ART process, all parties involved usually have good intentions and a common goal: to help the intended parents take home a healthy baby or babies. As the process wears on, unforeseen circumstances may arise. The best way to protect all parties involved and to have a successful outcome is to anticipate and plan for all legal issues, including legal parentage of the child, with carefully drafted agreements.

At ART Family Law, we work with donors and intended parents to clarify and document their agreements to ensure the best possible process and outcome for all involved. We prepare agreements regarding:

• Egg Donors: Women who donate their eggs so that intended parents can have a baby must endure time-consuming, uncomfortable, and invasive procedures that are not without risk to their own health. We assist with consent agreements so that egg donors are fully aware of the risks and obligations they are agreeing to, and egg donor agreements that specify the intent of the donor that the intended parents become the legal parent of any child resulting from the egg donation.
• Embryo Donors: Parents who have undergone in vitro fertilization with embryos created from their own eggs and sperm or donated eggs and/or sperm may have more embryos than they are able to use. To avoid the destruction or continued costly storage of these embryos, they may decide to donate them to other hopeful parents. As with egg donors, an agreement specifying the intended legal parentage of any resulting child protects all parties.
• Surrogates: A traditional surrogate not only carries a child for intended parents, but contributes her egg to the child’s genetic makeup. A gestational carrier or gestational surrogate carries a child, but is not a genetic parent of the child. Depending on the circumstances, a surrogate may be a friend or family member of the intended parents or a stranger. Agreements with surrogates not only cover issues such as the intended legal parentage of the child she carries, but her obligations during the pregnancy, compensation for her time, effort, and medical expenses, and resolution of unanticipated circumstances such as a multiple pregnancy or a fetus with serious health issues.
• Sperm donors: While most intended parents who use donor sperm obtain it from a cryobank, some, for personal reasons, use a donation from someone they know. This can create unintended legal consequences regarding parental rights or obligations. In order to avoid problems, all parties’ rights and responsibilities regarding a child who results from donated sperm should be spelled out in an agreement.

Whether you are an egg, sperm, or embryo donor, a surrogate, or an intended parent, you need to have a legally-enforceable agreement drafted by an experienced ART law attorney to ensure that all parties’ intentions are understood and carried out.

Legal Guidance Regarding ART in South Florida

Whether you are an intended parent, or a donor or surrogate seeking to help intended parents, attorney Heather Mulroney shares and supports your goal: the birth of a healthy child and the creation or expansion of a family. Heather has worked with numerous clients through the assisted reproduction process, ensuring that intentions are clearly communicated and legal rights are protected—and that the birth of the child is the joyful occasion it should be for all involved.

ART involves complex emotional and legal issues. Heather supports clients with both the in-depth legal knowledge and empathy they need as they wait and work for a miracle. To learn more about understanding your obligations and protecting your rights as a donor, surrogate, or intended parent, please contact ART Family Law to schedule a consultation.