Philadelphia Assisted Reproductive Technology Attorney
Thanks to advances in medical science, it’s often possible to have a biologically related child even if you’re struggling with infertility. Assisted reproduction technologies like surrogacy, egg and sperm donation, and in vitro fertilization (IVF) may make it easier to have a child, but they often introduce complex legal questions.
In Pennsylvania, assisted reproduction technologies are allowed, but they are not governed by specific statutes. The concept of parental rights can become murky in certain arrangements, so it’s essential to partner with an assisted reproduction lawyer in Philadelphia to make sure your rights are protected.
Common Assisted Reproduction Technologies
Some assisted reproduction technologies raise more problems for intended parents than others. If you are thinking about assisted reproduction but haven’t decided on a particular technology, it may be helpful to understand some of the most common options:
Surrogacy
If you and/or your partner are unable to carry a child yourself, you may have considered surrogacy. There are two main types:
- Traditional Surrogacy: The surrogate’s egg is used
- Gestational Surrogacy: The egg of a donor or the intended parent is used
While either one of these is an option, it is sometimes more difficult to establish parental rights in traditional surrogacy. Surrogacy is a major commitment, and a surrogacy agreement can ensure your rights and the rights of the surrogate are protected.
Egg and Sperm Donation
Egg and sperm donation might not be quite as complex as surrogacy, but it’s still essential to protect the rights of donors and recipients. When there is an agency or clinic matching donors to recipients, they may already have certain policies in place to protect the recipient’s parental rights and the donor’s anonymity.
However, it’s not uncommon for acquaintances or relatives to donate to people they know. In these sorts of personal arrangements, having a formal legal agreement in place is even more important to preserve relationships and clarify expectations.
In Vitro Fertilization
In vitro fertilization does not have to use donor eggs or sperm. With this technology, a technician fertilizes the egg outside of the body and then transfers the fertilized egg to the uterus. Depending on whether outside eggs or sperm are used, it may be prudent to have a legal agreement outlining parental and custody rights when the baby is born.
Embryo Donation
When couples go through in vitro fertilization, there are often additional embryos that are frozen and stored. Embryo donation (sometimes called embryo adoption) is when couples hoping to conceive a child have the embryo implanted.
Most of the time, agreements for embryo donation or adoption are similar to those for egg and sperm donation. However, this is a relatively new area of assisted reproduction, so agreements between donors and recipients can vary significantly depending on the individual clinic used.
Whether you are donating or receiving an embryo, it’s wise to ask an attorney to review your agreement before you sign anything. This can prevent legal complications in the future and provide peace of mind for everyone involved.
How an Assisted Reproduction Lawyer in Philadelphia Can Help
The assisted reproduction lawyers at our firm have helped families throughout the state to navigate agreements surrounding surrogacy and other technologies. However, they have also seen what can go wrong when all parties don’t take steps to protect themselves.
Assisted reproduction technology is governed primarily by case law instead of by statutes, so it can be difficult to understand how to protect yourself unless you have a legal background. Our attorneys have been recognized as top family lawyers by Super Lawyers, but we’ve also garnered high praise from past clients who have used our services to expand their families. Above all else, we seek to provide clarity in the midst of chaos for our clients.
Depending on your unique circumstances, our legal team may suggest options like the following:
Drafting Fair, Legally Enforceable Contracts
If you want to work with a donor or surrogate to have a child, it might be tempting to go forward without any written agreement — especially if all parties know one another already. However, this is rarely a good idea.
No matter how well-prepared you are, there’s still the possibility of something completely unexpected happening. If you don’t have a contract outlining how to handle disputes or unanticipated challenges, your relationship with the donor or surrogate can deteriorate.
Contracts aren’t just about protecting the rights of intended parents — they protect donors and surrogates, too. When you work with Petrelli Previtera, LLC, an assisted reproduction lawyer in Philadelphia can create a contract that is tailored to your unique situation.
These are some of the areas commonly addressed in surrogate/intended parent contracts:
- Who pays for prenatal, birth, and post-natal care
- How the surrogate will be compensated
- Medical procedures the surrogate is (and isn’t) comfortable with
- The fact that the intended parents will have parental rights
- The fact that the surrogate relinquishes all parental rights
- The fact that the surrogate is not obligated to support the baby financially
It’s also important for any contract to be legally enforceable. Although there are no specific Pennsylvania statutes regulating assisted reproduction, we are familiar with existing case law and can ensure the provisions of your contract will hold up in court.
Protecting Your Rights as a Donor
Often, conversations around assisted reproduction center around the intended parents. However, an assisted reproduction lawyer in Philadelphia can also ensure your rights and wishes are protected.
For example, imagine you’re a man whose female friend wants to have a baby with donated sperm. You decide to donate. There’s nothing inherently wrong with this arrangement. However, if there is no contract in place clarifying that you are acting as a donor, your friend could legally pursue you for child support down the line.
Even if you are donating eggs or sperm through an agency, it may still be wise to consult with a lawyer to make sure you’re protected.
Arranging Second-Parent Adoption
If you and your partner have a child through a surrogate or IVF and the child is only biologically related to one of you, the non-biological parent may not automatically have parental rights. In these cases, the parent who isn’t biologically related to the child may need to pursue a second-parent adoption.
For example, imagine you’re a same-sex couple working with a surrogate. The child is conceived with the surrogate’s egg and your partner’s sperm. Because the surrogate is the one giving birth to the child and your partner is the biological father, they automatically have parental rights to the child — but you don’t.
In this situation, our team may be able to help you adopt the child to ensure you have full parental rights.
Obtaining Pre-Birth Orders
In some instances, we may be able to help simplify the process of securing your rights by obtaining a pre-birth order. This is a court order stating that the intended parents (you and your partner) will be named on the birth certificate. Pre-birth orders are usually issued at the court’s discretion, so your assisted reproduction lawyer in Philadelphia will work on your behalf to obtain one.
Questions About Assisted Reproduction?
If you’ve been eager to have a child for some time, you might be ready to get started with assisted reproduction. However, it’s important to take steps to protect your rights before you get started — and Petrelli Previtera, LLC can help you do so. We take pride in going above and beyond for our clients.
Whether you’re ready to start drafting a surrogacy contract or just want to talk about the legal implications of different assisted reproduction technologies, give us a call or send us a message to schedule a consultation!