
In Vitro Fertilization, Artificial Insemination & 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 seek treatment, less than half will be rewarded with a pregnancy. For the 750,000 people who do not succeed using conventional infertility treatments, only one option remains to them to begin their families - assisted reproductive technologies (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 400 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 hundreds of couples from more than thirty 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 lecturing 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:
Establishing
the intent of the parties as to parental rights
Identifying the parties' financial responsibility
Establishing the procedures by which the parental rights of the couple
will be finalized
Ensuring that all parties have been informed of the ramifications of their
conduct
Requiring
social disease testing, including HIV/AIDS, is conducted on all parties
Providing that the surrogate/donor be medically examined and declared
suitable
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, psycholgical and medical implications.
Journal of Assisted Reproduction Law: A quarterly journal published as a service to the Assisted Reproductive community, highlighting recent issues in the field of assisted reproduction.
Our practice is global in nature as reflected by clients from the following countries, identified graphically by their national flags:
































Last Updated: January 2, 1999
© 1999 - Vorzimer, Masserman
and Chapman, A Professional Corporation