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Surrogacy, Egg and Embryo Donation,
In Vitro Fertilization, Artificial Insemination and Sperm
Donation
Statistically, the numbers are staggering: one out of every
six couples will experience a fertility related problem.
Nearly 1,500,000 patients will seek medical treatment for
their infertility this year alone. Of the 1,500,000 patients
who will seek treatment, less than half will be rewarded
with a pregnancy. For the 750,000 people who are not successful
using conventional infertility treatments, only one option
remains to them to begin their families - assisted reproductive
technologies (commonly referred to as ART). Through techniques
such as in vitro fertilization (IVF), more than fifty thousand
couples have enjoyed the miracle of starting a family.
Handling in excess of 500 surrogacy and
egg donation arrangements each year, our attorneys are uniquely
qualified to provide comprehensive legal and counseling
services to couples utilizing assisted reproduction. We
have represented over two thousand couples from more than
thirty five countries throughout the world who have used
surrogacy and/or egg donation to experience the joys of
parenthood. With ten full time attorneys, each client is
ensured of receiving personalized attention, support and
counseling.
The Gestational Surrogacy (In Vitro Fertilization)
contract we prepare for our clients is the very same contract
considered and validated by the California Supreme Court
in the landmark Johnson v. Calvert case. Notably,
we have never had a surrogate working with one of our clients
change her mind.
Our attorneys travel throughout the world,
presenting lectures on assisted reproduction and frequently
appear in the international press addressing issues relating
to surrogacy and egg donation. We have also authored numerous
articles on third party reproduction, copies of which are
available upon request.
Some of the services we provide to assist
our clients include: counseling couples, surrogates and
egg donors on the state of the law with respect to the different
reproduction methods available; drafting of contract(s)
between the couple and their surrogate and/or egg donor;
and assisting couples in finalizing their parental rights.
As part of legal counseling and contract drafting, we address,
among others, the following issues:
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Establishing the intent of the parties
as to parental rights
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Identifying the parties' financial
responsibility
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Identifying the finalization procedures
to be utilized
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Ensuring all parties obtain informed
consent
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Requiring social disease testing,
including HIV/AIDS
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Ensuring the surrogate/donor is medically
examined and screened
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Discussing the current status of
the law and the attendant risks
For more information on the legal aspects of assisted reproduction,
please select your choices from the following pages:
In Vitro Fertilization
and the Law: In Vitro Fertilization (IVF) is the most
prevalent and successful assisted reproductive treatment
used today. While initially only used when women had blocked
or missing fallopian tubes, today IVF has become the preferred
treatment to counteract infertility. Offering a solution
to a wide variety of infertility problems, IVF allows women
who otherwise could not carry a child, the opportunity to
bear a child. For those women who are medically unable to
carry a child, IVF with a surrogate now gives couples the
opportunity to have a child biologically related to them.
In Vitro Fertilization with the use of an egg donor allows
would-be mothers, whose ovaries fail to produce eggs, an
answer to their infertility problems. With success rates
now exceeding 70% per transfer, IVF has emerged as the most
flexible and viable assisted reproductive technology available.
Artificial
Insemination and the Law: The oldest method of assisted
reproduction, artificial insemination is the placement of
sperm in the female reproductive tract. For couples experiencing
infertility due to poor sperm count, motility or morphology,
artificial insemination is often indicated, whether by use
of the husband's sperm or donor sperm. With respect to the
use of donor sperm, the husband consents to the artificial
insemination of his wife and agrees that the child will
be treated by law as if it were the husband's natural child.
Adding to the flexibility of artificial insemination is
the ability to use a surrogate where the woman is incapable
of either conceiving or carrying a child to term.
Egg
Donation and the Law: Initially used to aid young women
suffering from premature ovarian failure, Oocyte donation
has become an extraordinary treatment for women of all ages
who are incapable of producing viable eggs or are carriers
of genetic diseases. With success rates approaching 50%
per egg donation cycle and the availability of non-anonymous
donors, oocyte donation has become a frequently used method
of assisted reproduction. Whether the donor egg is transferred
directly to the intended mother or into a surrogate, oocyte
donation has provided would-be parents with options previously
unavailable. Importantly, many jurisdictions treat the use
of a donor egg similarly to that of donated sperm, thus
obviating the need for an adoption as the intended mother
is considered the legal mother of the child.
Guide
to Infertility Options Through Assisted Reproductive Technologies:
A summary of the various technologies available as well
as the legal, psychological and medical implications.
Journal
of Assisted Reproductive Law: A legal journal published
as a service to the Assisted Reproductive community, highlighting
recent issues in the field of assisted reproduction.
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