In recognition of National Infertility Week (April 19-25), KingSpry’s Adoption/ART Law Practice Group walks us through some of the options available to those wishing to build their families.
The basic Assisted Reproductive Technology (ART) options for Same-Sex families range from technology options such as donor insemination to in vitro fertilization with the use of Gestational Carrier Arrangements and the use of egg, sperm and embryo donors.
What is Ovum, Sperm and Egg Donation?
- Donor Sperm is taken from a healthy donor, so that it can be made available to women seeking to become pregnant. The sperm are used to fertilize the female recipient’s or a donor’s egg using ART.
- Egg Donation is the procedure which uses eggs retrieved from a healthy, young (usually age 31 or under) woman to assist an individual or, a couple who is not able, or chooses not, to conceive without the use of eggs from a donor.
- Embryo Donation is the process where embryos, which are leftover following an in vitro (in the lab) fertilization (IVF) procedure, are either donated to individuals or couples experiencing fertility problems, or donated for research.
Why a Donor Agreement?
The need for an egg, sperm or embryo donor requires corresponding agreements such as Ovum Donor, Embryo Donor and Sperm Donor Agreements to avoid potential issues as to legal rights of a donor and Intended Parents, as well as, elimination of support obligations by the donor if the child is born of the donation.
How to Get Started? Ask and Research
Ask your attending endocrinologist for suggestions on donor agencies and research their reviews to ensure security on this process. Once you have located the agency, contact an ART attorney to ensure that all corresponding donor agreements ensure your legal rights.
When dealing with legal issues as a result of infertility or infertility treatments, you should speak to an attorney experienced in the knowledge of Assisted Reproductive Technology Law as all of these potential legal issues may be applicable to your personal situation and understanding the law and your options is paramount in the forefront of your journey.
heARTbeat is a publication of the KingSpry Adoption/ART Law Practice Group. It is meant to be informational and does not constitute legal advice.
