Assisted reproductive technology (ART) has helped thousands of families grow. With advances in ART, options like surrogacy, sperm or egg donation, and embryo transfer are more accessible. But these methods bring complex legal challenges. Ensuring that parental rights are secured is essential. An experienced legal team like Cofsky & Zeidman can guide you through each step.

What Is Assisted Reproductive Technology?

Assisted reproductive technology involves medical techniques to help with conception. The primary forms of ART include:

1. Surrogacy: A woman (the surrogate) carries a pregnancy for another family.
2. Sperm or Egg Donation: A donor provides sperm or eggs for fertilization.
3. Embryo Transfer: An embryo is created outside the womb, then transferred to the intended mother or surrogate.

Each option has unique benefits and legal requirements. Understanding these early on helps families plan effectively.

Surrogacy and the Legal Landscape

Surrogacy arrangements come in two main forms: gestational and traditional.

• Gestational Surrogacy: The surrogate carries an embryo created from the intended parents’ or donors’ genetic material. She has no genetic link to the child.
• Traditional Surrogacy: The surrogate uses her egg, making her genetically related to the child.

Laws around surrogacy differ by state. Some states allow surrogacy freely, while others have restrictions. This is why having legal representation is crucial. A seasoned attorney ensures all agreements meet state regulations and protect both parties.

Why You Need a Surrogacy Agreement

A surrogacy agreement is vital in protecting everyone’s rights. It outlines roles, responsibilities, and expected outcomes, covering issues like medical expenses, surrogate compensation, and parental rights. Without a solid agreement, disputes can arise, potentially causing heartbreak and confusion. Cofsky & Zeidman helps draft, review, and enforce surrogacy agreements, so everyone involved feels secure.

Understanding Sperm and Egg Donation

Sperm and egg donation can offer a path to parenthood when natural conception isn’t an option. However, it’s essential to understand the legal rights and obligations associated with donation.

Key Points in Sperm and Egg Donation

In most cases, donors have no parental rights after the donation. However, legal agreements protect this by clearly outlining the donor’s role. These agreements cover:

• Donor anonymity and confidentiality
• Rights to information about the child or family
• Future contact agreements

Creating a secure donor agreement avoids potential disputes. Cofsky & Zeidman guides families through this process, ensuring legal protection for all involved.

Embryo Transfers: Rights and Responsibilities

Embryo transfers offer another option for family formation. Here, legal protection is essential. Transfers may involve using embryos created by the intended parents, donors, or a combination. In some cases, leftover embryos from other couples are available for adoption.

Protecting Your Rights in Embryo Transfers

For embryo transfers, you need clear agreements outlining parental rights. These agreements address questions such as:

• Who has decision-making power over unused embryos?
• What happens to embryos in case of divorce or death?
• Will donors or other parties have rights to contact or visit?

The answers to these questions can impact your family’s future. Cofsky & Zeidman assists with creating legally sound agreements that address these details.

State Laws and ART Agreements

State laws on ART vary widely. Some states require that certain agreements be established before conception. Others place specific limits on compensation, especially in surrogacy cases. Navigating these legal landscapes is challenging. Working with an attorney ensures compliance with your state’s laws and protects you from future complications.

Protecting Your Parental Rights

For families using ART, securing parental rights is essential. Courts may not automatically recognize intended parents, even with a legal agreement. For example, birth certificates often list the surrogate as the legal mother. Securing legal parenthood typically involves additional steps, like:

• Pre-Birth Orders: Some states allow pre-birth orders that establish intended parents’ rights.
• Post-Birth Adoption: If a pre-birth order isn’t possible, a post-birth adoption may be needed.

An experienced attorney will understand these processes and work to establish your parental rights. Cofsky & Zeidman has years of experience in ART law and family formation. We ensure you gain legal parenthood without delay or confusion.

How Cofsky & Zeidman Can Help

Navigating ART requires understanding legal, medical, and financial aspects. Cofsky & Zeidman brings over 25 years of experience in family formation law. We support clients with surrogacy agreements, donor contracts, and other ART-related legal needs.

Our team has helped guide over 1,500 families through the adoption and ART process. Attorney Donald C. Cofsky, a leader in the field, has extensive experience in complex family formation cases. With our support, you can make informed choices and establish a strong legal foundation for your family.

Planning Your Family’s Future with ART

Starting a family through ART is rewarding but comes with many decisions. Ensuring these decisions are backed by solid legal agreements can offer peace of mind. With legal guidance, you can focus on the joy of family formation, knowing your rights are protected.

If you’re considering ART, contact Cofsky & Zeidman today. We’ll walk you through the process and ensure your family’s future is secure.