Helping Families With Assisted Reproductive Technology
At De Koster & De Koster, we believe everyone should have the opportunity to have significant, meaningful relationships with others. For many people, this means creating a family, which could include having children. For some, assisted reproductive technology (ART) or adoption is the way to create their desired family.
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 person or couple, or transferred into a gestational carrier (sometimes also called a surrogate), 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 intended parents or may come from donors. For those who experience infertility, using the services of a gestational carrier and/or a donor can help fulfill their dreams of being a parent.
Intended parents, donors, and gestational carriers 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.
What Is Included In A Surrogacy 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 agreement:
- What is the financial arrangement between the gestational carrier and the intended parents? Will the gestational carrier be paid for her services? How will the costs of her healthcare be covered?
- How will possible medical issues and emergencies be handled? Who will make the decisions?
- How much contact will the intended parents have with the gestational carrier during the pregnancy?
- Will the gestational carrier have any contact with the child after it is born?
- Are there requirements of confidentiality and privacy?
What Is Included In A Donor Agreement?
A gamete or embryo donor agreement, like any contract, lays out the legal obligations of everyone involved. ART involves many nuances that an experienced ART attorney can address. Here are just some of the important questions to be addressed in a donor agreement:
- What is the financial arrangement between the donor and the recipient?
- What will happen with any unused donated genetic material?
- Will the donor have any contact with the child after it is born?
- How will unintended relationships between genetically related people be prevented?
- 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 or using this simple email form.
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