Legal Services for Prospective Parents

The challenges of attempting to build a family in the face of infertility can seem overwhelming. Individuals and couples who seek alternative family-building arrangements must deal with medical, emotional, interpersonal and financial issues. In addition to these potential difficulties, there are legal issues to consider.

Prospective parents dealing with infertility often fail to appreciate the complex legal aspects of their circumstances. In overlooking the importance of the legalities involved, prospective parents often decide not to seek legal advice or choose to seek advice from a lawyer who does not have expertise in reproductive rights and infertility law.

The risks and uncertainties involved in a collaborative reproductive arrangement are many.  One cannot assume that an agreement presented for signature by an agency, fertility center or other individual, entity, or opposing attorney is drafted with a prospective parent’s interests in mind. As well, attorneys who do not specialize in infertility and reproductive rights usually do not keep current with this rapidly-evolving field. An attorney without the necessary expertise may approve of the use of abbreviated "short-form" or standardized agreements between parents and surrogates/donors that do not cover all the key areas that should be addressed, or may overlook the fine points of your arrangement which could lead to potential legal difficulties in the future.

Before entering into such any collaborative reproductive arrangement, you should consider consulting with an attorney who has experience in the field of reproductive and infertility law, who has represented parties on both sides of the table and who can tailor your contract to your unique circumstances.

Case Law and Statutory Law

Prospective parents should also be aware of the often ambiguous case law or vague statutory laws that may exists in their states. Some states have no laws whatsoever governing a parent’s relationship with a surrogate or a donor or governing health insurance coverage for medical costs associated with infertility. Other states do have such laws, but the laws may not apply to all alternative family-building situations. Additionally, such laws are often narrowly tailored to address only a limited portion of the issues that may be involved. It is in prospective parents’ best interests to consult with a qualified professional who can help them to understand the nuances and loopholes in the laws and adequately protect their interests. Failing to do so can lead to future problems, including liability for donors’ and surrogates’ potential medical complications, confidentiality issues, control over the future use of your genetic material or denial of insurance coverage.