Many couples and individuals have turned to new reproductive technologies for the chance to have a child. These technologies allow men and women, who otherwise may not be biologically able to conceive a child, the opportunity to bring a newborn into this world.
Reproductive technologies can provide a lot of benefits, but there are some legal questions to consider as well. The following are a sampling of the legalities Krigel & Krigel can help you understand if you intend on utilizing these technological advancements.
Surrogacy is one of the most utilized methods of reproductive technology. There are two types of surrogacy, traditional and gestational, both of which involve a third-party female carrying the baby to term. The legal concerns and issues depend in part on the type of surrogacy arrangement and which state’s laws will apply. Some states have laws addressing surrogacy while others do not have laws that either allow or prohibit surrogacy arrangements. Discussing this with one of our experienced attorneys can help ensure your rights are protected beforehand and that the process goes as smoothly as possible.
Some couples or individuals may use donated gametes (eggs or sperm) in their efforts to conceive a child. The majority of states have laws that directly address sperm donation. Generally, if the requirements of the state’s statute are followed, the law is that the sperm donor is not the child’s father and has no parental rights or obligations. Many states do not have laws that directly address egg donation. There are legal issues that arise depending on whether a known or anonymous egg donor is selected. It is important to consult an attorney when using gamete donation so the Intended Parent(s) can learn about the legal process needed to obtain a court order/judgment securing their parenting rights to the child.
Embryo Donation and Adoption
Many couples who have successfully undergone in vitro fertilization (IVF) to have children have cryopreserved (frozen) embryos remaining from the process. Some couples choose to donate their embryos to another couple or individual for the purpose of helping the recipient(s) to have a child of their own. Krigel & Krigel attorneys can help with the legal aspects of these arrangements, from drafting an agreement between the embryo donors and recipients to solidifying the embryo recipients’ parental rights after a child is born.
The Option of Adoption
While it is not considered a reproductive technology, adoption is still a great option for couples or individuals who have infertility issues. Each state has its own laws that govern the adoption process and procedures so it is best to get an attorney involved early as issues can arise during the birthmother’s pregnancy and immediately after the child is born. Krigel & Krigel attorneys are licensed in Missouri and Kansas and can help with all the legal issues that arise in connection with the adoption of a child.
Speak to a Krigel & Krigel Attorney for Assistance
If you are exploring any type of assisted reproductive technology to grow your family, contact an experienced family attorney at Krigel & Krigel to ensure you have a clear plan of action. We care and we’re here to help you.
*This article is very general in nature and does not constitute legal advice. Readers with legal questions should consult with an attorney prior to making any legal decisions.
In a legal situation that was daunting, confusing, and thoroughly stressful, the team at Krigel & Krigel was indispensable. The attorneys were knowledgeable, prompt, patient, and communicative. Always taking the time to walk me through the processes & what to expect in the next steps. I couldn’t recommend a better group of professionals.