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 PA Adoption Act has allowed individuals to adopt children and establish parentage by adoptions or other means such as Assisted Reproductive Technology (ART) and Surrogacy.
- Traditional Surrogacy is the procedure where artificial insemination is used to combine the sperm of the intended father or a donor with the egg of the woman who will carry and deliver, but not raise, the child. The traditional Surrogate is the genetic mother of the child.
- Gestational Surrogacy is the process where gametes, either from the people who want to become parents (Intended Parents) or donated for the use by the Intended Parents, are used to create embryos which are implanted using IVF into the uterus of a woman who will carry and deliver, but not raise, the child. The Gestational Carrier is not genetically related to the child.
Pennsylvania Superior Court has held that a Gestational Surrogate lacks standing to seek custody unless a surrogacy agreement specifically provides for such authority.
The need for a surrogate to have a biological child of one of the intending parents requires a surrogacy agreement between the parties to address potential issues such as:
- Costs of process;
- Expenses of surrogate;
- In vitro process and number of attempts;
- Employment benefits of both surrogate and Intended Parents;
- Insurance coverage for surrogate and Intended Parents for child born of ART;
- Estate planning/POA’s in the event of incapacity of surrogate or Intended Parents; and
- Legal rights of surrogate and Intended Parents.
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.
