Reproductive Technology Law

Families are built in a variety of wondrous ways. When your family-building journey involves assisted reproductive technology, surrogates, gestational carriers, or donor eggs or sperm, you need an experienced fertility law attorney to help you navigate this new and complex area of law. A knowledgeable lawyer is key to ensuring that the legal side of this journey goes as smoothly as possible and that you get the legal outcome you seek.

Our attorneys are proud to help intended parents, gestational surrogates, and biological donors achieve their goals with integrity, understanding, and collaboration. We work with all family types, including single persons, as well as same-sex and heterosexual couples. If you live in New York City, Westchester or the surrounding areas and have questions about assisted reproductive technology law, call our firm today. One of our knowledgeable family law attorneys is ready to help you.

What is Reproductive Technology Law?

On April 3, 2020, Governor Cuomo signed the New York Child-Parent Security Act (CPSA) into law. The CPSA legalizes compensated gestation surrogacy, which was previously illegal, and provides intended parents, gestational surrogates, and biological donors with strict statutory standards to follow to protect the rights of all involved in the family-building journey. Among other things, these legal standards are designed to:

  • secure the legal relationship of intended parents who conceive a child with third-party assistance from the moment of the child’s birth
  • establish and protect a surrogate’s rights before and during the pregnancy.
  • assure that the sperm or egg donor is not a parent, where there is proof of donative intent.

What does a Reproductive Technology Lawyer Do?

A reproductive technology attorney is responsible for drafting the legal agreements that will put the CPSA protections into place. The attorney also anticipates unforeseen risks and liabilities particular to the parties’ circumstances and addresses these potential issues in the contracts. The parties must validly execute these agreements in connection with undergoing their chosen assisted reproduction medical procedures. Such contracts may include:

  • Gestational Surrogacy Agreements
  • Gamete (Egg/Sperm) Donor Agreements
  • Embryo Donation Agreements
  • Co-parenting Agreements

Your attorney may also review insurance coverage and healthcare options for a surrogate, draft required legal documents for the benefit of medical providers, and manage the trust account that holds the funds for the surrogacy arrangement.

Once the family-building is underway, the attorney ensures that all parties adhere to the terms of the written agreement, follow proper procedures, and keep surrogacy agencies informed of the contract process and any legal proceedings. After the child is born, the attorney will ensure that the child’s birth orders and birth certificates are in order, and that the intended parents’ legal parental relationship is conclusively established.

Contact a Reproductive Technology Law Attorney

If you are considering using assisted reproductive technology to grow your family with the aid of a third-party, or considering being a surrogate or gamete donor, contact our offices to set up a consultation with one of our experienced reproductive law attorneys.

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