If you have considered fertility treatment, you should consult an assisted reproductive technology attorney. Many people use assisted reproductive technology (ART) to conceive and give birth to a child. However, ART has many legal challenges that should be considered. Call Law Offices of Rick D. Banks at (559) 222-4891.
What Is Assisted Reproductive Technology?
ART is defined by The Centers for Disease Control and Prevention (CDC) as fertility treatments that involve handling of both sperm and eggs. This includes an array of methods that may help a person have a child, including:
- Surrogacy – A gestational carrier may be used to carry the embryo of a couple
- Intracytoplasmic sperm injection – This involves the injection of a single sperm into an egg. The resulting embryos may be implanted into a uterus or cryogenically frozen.
- In vitro fertilization (IVF) – This involves the collection of both eggs and sperm, which are then introduced into a culture dish in a laboratory. If fertilization occurs, then the resulting embryos may be implanted in a uterus or preserved for later use.
Other ART methods may include intrauterine insemination (IUI), freezing sperm and eggs, and the use of donor eggs, sperm, or embryos.
Common Legal Issues Involving ART
Because ART can involve more than one couple wanting to conceive, there are many legal issues that can arise. Common challenges include:
- Disputes over who owns the unused eggs, sperm, or embryos
- Parental and custody rights for same sex or unmarried partners
- Child custody issues with a surrogate or donor
- Contract disputes
- Negligence claims against fertility clinics and surrogacy agencies
Many states do not have laws specifically addressing ART. Thus, the court must interpret often archaic laws surrounding new age technology. Federal laws do not address family law issues, so only states laws are used to address ART and related disputes.
Get an Assisted Reproductive Technology Attorney to Protect Your Rights
When dealing with ART-related issues, you should speak with an attorney who can guide you through the complex laws. A skilled lawyer can help you:
- Draft comprehensive surrogacy agreements
- File a petition for a birth order determining legal parentage
- Create prenuptial and other contracts regarding sperm, eggs, and embryos
- Keep you updated on ART laws
- Provide legal advice regarding ART and your rights
Fertility clinics and agencies will force you to sign contracts, often relieving them of any fault if something goes wrong. You should consult with an attorney before you engage in ART so that you know your rights and understand the process going forward if there is a dispute.
Call an Attorney Today
The Law Offices of Rick D. Banks can help you with assisted reproductive technology and related issues. We have handled ART issues for our clients since the science formed. If you have questions about your rights and what you should do in your specific situation, call us today at (559) 222-4891.