In recent years, assisted reproduction technology (ART) has become an increasingly popular method of growing one’s family. MyersStrickland has been at the forefront of representing both intended parents and gestational carriers with ART in Arizona.
What types of people are interested in assisted reproduction?
- Couples who can’t bring a pregnancy to term
- Same-sex couples who want to become parents
- Unmarried individuals who want to become parents
- Women who want to help infertile couples, same-sex couples or unmarried people become parents
What is surrogacy and how does it work?
Assisted reproduction is a collaborative pregnancy between a gestational carrier and intended parents. An embryo may be created with:
- The intended father’s sperm
- The intended mother’s egg
- A donor’s sperm
- A donor’s egg
The genetic materials used will determine not only the genetic relationship of the child to the parents, but also the necessary steps to take as attorneys to assure the assisted reproduction is legally finalized. Our office works mainly with gestational carriers: women who do not use their own eggs and have no genetic relation to the child.
There are many surrogacy professionals and fertility clinics that can help you find a gestational carrier or intended parents. Once you have found a match, our role as assisted reproduction attorneys begins.
Why is an assisted reproduction attorney required?
Each assisted reproduction is unique in its own way, based on the genetic relations to the child, where the intended parents live, and where the transfer is taking place. Any errors in the legal process can result in a failure to terminate parental rights of the gestational carrier or donors, or in a failure to grant parental rights to the intended parents.
Depending on which party we are representing, we will:
- draft egg donation or sperm donation agreements which define the parental rights of the recipients
- draft embryo donation agreements which define the parental rights of the recipients
- ensure all donors’ parental rights are legally terminated
- draft gestational surrogate agreement
- around third trimester, apply for a pre-birth order from the court
- assist with helping the intended parents receive the birth certificate
Can we just download a legal document online instead of hiring an attorney?
You can, but we would strongly advise that you use an attorney because:
- Do you know where the document come from? Do you know who drafted it?
- Do you know which party the drafter favored while drafted the document?
- Does it comply with the laws of the jurisdiction where you are living?
- Does it comply with the laws of the state where the embryo transfer will take place?
- Is the document copyrighted?
Resources for Intended Parents
Surrogacy is an increasingly common way for single parents, couples struggling with infertility and LGBT community members to grow their families. If you are interested in becoming a parent through surrogacy, the following resources can provide additional information:
- The National Infertility Association
- American Society for Reproductive Medicine
- Human Rights Campaign
- Academy of Adoption & Assisted Reproduction Attorneys
- Men Having Babies
- Society for Ethics in Egg Donation and Surrogacy
As you can see, the legal process of an assisted reproduction should not be taken lightly. Our role as attorneys is to ensure everyone is legally protected throughout this process, and that everyone’s goals are safely achieved.
Contact us today to learn more about how we can help you reach your assisted reproduction goals.