Family Law

Surrogacy and Artificial Conception

Key Takeaways

  • Common options for parents who have difficulty conceiving a child include IVF, artificial insemination, and surrogacy.
  • Artificial conception options vary by state with limited fertility treatments available in many states.
  • Potential parents need to consider legal parentage and surrogacy contracts before pursuing artificial conception options.

Scientific advancements have opened the doors for people who want to have a child but are unable to conceive without help. Artificial conception includes medical procedures and surrogacy arrangements. With more avenues than ever before, you can build your family in a way that works for your unique needs and circumstances.

These ways of becoming a parent have legal considerations. When you decide to use traditional surrogacy or artificial conception, you need to protect your legal parenting rights. Legal counsel can help protect your family as a non-biological parent. Find a surrogacy and artificial conception lawyer near you to learn more about what you need to do.

What Are the Laws on Artificial Conception and Surrogacy?

Contraception and surrogacy laws vary by state. In recent years, there have been many changes after the U.S. Supreme Court overturned Roe v. Wade. New state laws not only restrict access to abortion — they may also affect fertility treatments like in vitro fertilization (IVF).

These changes limit health care providers’ ability to work with embryos. Many states have limited IVF options for intended fathers and mothers. For the most up-to-date information on reproductive rights laws in your state, talk to your family lawyer.

What Are the Most Common Methods of Artificial Conception?

Artificial conception is an umbrella term that includes some of the most common ways to conceive a baby. Artificial contraception can help intended parents who struggle with infertility. Assisted reproductive technology (ART) can also help same-sex couples who want to raise a child.

Artificial Insemination

Artificial insemination is usually done by a doctor, though people can try it on their own in some circumstances. It usually involves a prospective parent using sperm from a donor or their partner. The sperm is placed, usually in the uterus, to increase the chances of getting pregnant. This is one of the most affordable methods of artificial conception.

In Vitro Fertilization

In vitro fertilization (IVF) is a more involved and expensive process. Doctors take an egg from one parent or a donor, then fertilize it outside of the womb with sperm from the other parent or a donor. Embryos grow in a lab, and doctors implant them into the uterus at an early stage of development.

Gestational Surrogacy

Different assisted reproduction options come with different types of surrogacy. Surrogacy can involve IVF with an embryo from one or both parents. Surrogacy can also use a donor embryo transferred to someone other than one of the parents. A few states will allow a surrogate to use their own eggs through artificial insemination. The gestational surrogate carries the child but is usually not considered a parent after the birth.

You may have legal considerations with donor sperm, eggs, and IVF embryos. Some state family laws don’t give donors the parental rights of any children conceived through their donation. However, some states will allow donors to claim parentage, even getting visitation hours with the child. In some cases, sperm donors were even required to pay child support.

State laws can provide remedies to these issues through specific procedures. In some states, a physician collecting the egg donation from the egg donor and implanting it breaks the chain of parentage. Donors can be anonymous. Open donor agreements mean the legal parents and donors agree to keep in touch after the child is born. Some agreements allow the child to reach out to the genetic parent after turning 18.

When you use a surrogate mother to carry your child, having a surrogacy contract is absolutely essential. A contract addresses the intended mother’s and the surrogate’s legal rights. With the complex legal issues and emotional elements of surrogacy, all parties need legal boundaries and protections. Common issues to cover in a surrogacy agreement include:

  • Establishment of parental rights
  • Pre-birth orders for legal parentage
  • Compensation for the surrogate
  • The surrogate’s health insurance coverage and fertility clinic costs
  • The surrogacy process and birthing plan

What Is the Uniform Parentage Act?

The Uniform Parentage Act (UPA) is a “model law” that outlines rules and procedures for state laws to follow when determining a child’s legal parents. However, not all states follow this model law exactly. For example, the UPA guidelines say that a surrogacy agreement can state that surrogates have no claim of parentage. In some states, these agreements are not legally valid.

The UPA and many states require parents and surrogates to pay for their own separate lawyers to ensure their rights and the agreement. Legal representation can help you make a stronger contract to protect your parentage.

How a Family Law Attorney Can Help With Artificial Conception

Surrogacy and artificial conception are great options for parents who can’t otherwise give birth to a child. However, you should consider the potential legal issues before going through the IVF or surrogacy process.

Reproductive rights laws continue to change and differ from state to state. A family lawyer experienced in surrogacy and artificial conception matters can help you navigate parental rights laws in your state to protect you and your family.

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