Assisted Reproductive Technology (ART) Law
CONTRACTS IN PURSUIT OF MIRACLES
WHAT IS ASSISTED REPRODUCTIVE TECHNOLOGY (ART) LAW?
ART Law is the vehicle by which the attorneys at Sasso, Guerrero & Henderlite generate contracts in pursuit of miracles. The science of assisted reproductive technology, or ART, has enabled families to add children when nature struggles to produce a healthy pregnancy on its own. Surrogacy, embryo donation, egg donation, and sperm donation are the basis of ART law, and in each of those situations, a legal contract is necessary to protect the interests of both the surrogate or donor, as well as the couple commissioning these reproductive services to assist them in growing a family.
DO I NEED A LEGAL CONTRACT FOR IN VITRO FERTILIZATION?
In vitro fertilization is when a man’s sperm fertilizes a woman’s egg in a lab, rather than in utero, hence the old-fashioned phrase, a “test tube” baby. The resulting embryo is then placed in the mother who will carry the baby; the goal is for an embryo to implant and a healthy baby to be born. When the couple uses their own embryos and the mother carries the baby, no legal involvement is necessary.
DO I NEED A LEGAL CONTRACT TO HIRE A SURROGATE?
Surrogacy is utilized when a woman is unable to carry her own child from that created embryo. Maybe she’s had her uterus removed out of medical necessity or for other reasons, an embryo won’t implant in her uterus. This couple may utilize the services of a third-party surrogate to carry the baby for them. A commissioning couple should always utilize a well prepared contract prior to beginning any surrogacy arrangement.
WHAT ABOUT EGG AND SPERM DONATION?
Embryo, egg, or sperm donation can be used when a woman’s eggs aren’t healthy, a man’s sperm isn’t healthy, or when a same sex couple is in need of genetic material to create an embryo. Young, healthy donors can donate their ova or sperm or a couple who has achieved their pregnancy and has remaining embryos can donate a fully formed embryo to families in need. Using the donated reproductive products, the couple proceeds with a transfer to the intended mother’s uterus or uses the services of a surrogate to gestate the baby to term.
ART AND FAMILY LAW
What do these medical miracles have to do with family law practitioners? Legal contracts are necessary under Florida law to transfer ownership of these miracles of reproductive science. They are necessary to govern the terms of a surrogate contracting to carry the baby of another family. There are many and varied ways to create families, and the family law practitioners at Sasso, Guerrero & Henderlite are skilled in negotiating, creating, and giving guidance regarding the contracts necessary under Florida law to create these relationships. We represent couples, surrogates, and donors in the pursuit of these modern miracles.
