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Helping Families With Assisted Reproductive Technology

At De Koster & De Koster, we believe everyone should have the opportunity to be part of a family, whatever that means to them. For many people, having children is part of that picture. For some, having children means taking advantage of assisted reproductive technology (ART).

In vitro fertilization (IVF) is a key component of ART. Eggs are removed from a woman’s ovaries and combined with sperm in a laboratory. They can then be returned to the woman’s body, donated to another woman, or implanted in a surrogate (also called a gestational carrier), who will carry the child for the couple or individual who will be the child’s intended parent(s). The eggs and sperm can come from one or both of the intended parents or may come from donors. For those who experience fertility problems, using the services of a surrogate and/or a donor can help fulfill their dreams of being a parent.

Intended parents, donors, and surrogates should go into the relationship with not just an emotional commitment but also a legal one. While adding a baby to a family is heartwarming, doing so using a donor or surrogate means that it is also a complex legal situation. Everyone involved in the arrangement should understand and agree to their rights and responsibilities. An experienced ART attorney can make the process easier and help avoid potential problems and heartbreak.

What Is Included In A Surrogacy Or Donor Agreement?

A surrogacy agreement, like any contract, lays out the legal obligations of everyone involved. Some of the issues to be addressed, such as who the baby belongs to, are obvious, but ART involves many nuances that an experienced ART attorney can address. Here are just some of the important questions to be addressed in a surrogacy or donor agreement:

  • What is the financial arrangement between the gestational carrier and the intended parents? Will the surrogate be paid for her services? Who will pay for her health care?
  • How will possible medical issues and emergencies be handled? Who will make the decisions?
  • What happens to any excess or unused eggs or fertilized embryos?
  • How much contact will the intended parents have with the surrogate during the pregnancy?
  • Will the gestational carrier or the donor have any contact with the child after it is born?
  • Are there requirements of confidentiality and privacy?

These and other complex issues need to be discussed by all parties honestly and transparently. An experienced attorney can make sure that these and other concerns are addressed at the outset before they become problems.

Assisted Reproductive Technology In Iowa

Iowa is an ART-friendly state, but that doesn’t mean having a child via ART is simple. Attorney Philip De Koster has helped many people achieve their dreams of parenthood using assisted reproductive technology, and he understands that every situation is unique. If you have questions or are considering the use of a surrogate or donor, you can reach him by calling 712-439-2511 or using this simple email form.