Things to Consider About Assisted Reproduction

Assisted Reproduction Technology (ART) law can give the gift of family. While it is an incredible medical advancement, ART can be confusing and complex, from both a medical and legal standpoint. Below are several things to consider about ART law.

Types of Assisted Reproduction Technology (ART)

There are many types of ART, including sperm or egg donation, surrogacy, and IVF. Each method comes with different costs and benefits, so it is important to consult with an experienced medical professional to determine the best options for you. Once doing so, it is also important to consult with an experienced assisted reproductive attorney to understand the legal implications and requirements that come with ART.

Success Rates

Each type of ART has a different projected success rate, and each case is unique. Just because one type of ART worked very quickly for a friend doesn’t mean that same method will work for you. It’s important to talk with a medical professional about your specific case and listen to their advice about the success rates of each type of ART. ART is not an overnight process. Remind yourself of why you are going through this process and remain patient! 

Emotional Considerations 

ART brings heavy emotions: stress, anxiety, depression, relationship turmoil, to name a few. It’s important to have a strong support system in place during this process. Family, friends, and experienced medical and legal professions can help guide you through the ART process. It can be hard not to ignore your own needs during this time, so staying mindful of your emotions and giving yourself grace is a necessity.

Cost

ART is typically very costly. Between medical bills, surrogacy expenses, and legal document drafting, the total cost for any of the ART methods quickly adds up. Before beginning the ART process, consider how much you are willing to spend and whether ART is an affordable method of family-creation for you. Adoption provides an alternative route if you determine ART is not for you.  

Estate Planning 

Successful ART has the possibility of leading to novel estate planning issues. For example, a trust may specifically name “biological descendants” as beneficiaries. Would a child born from donated material still be able to claim title? Many of the unique legal issues that could arise out of ART do not have established case law or statutory regulations associated with them yet, as ART is relatively new. 

Rather than going into the process blind, consider speaking with legal counsel about the ART process. An Assisted Reproduction attorney at Paule, Camazine, & Blumenthal, P.C. can provide guidance along the ART pathway.

*The author is grateful for the assistance of Caroline Vaaler, Saint Louis University School of Law student, anticipated graduation May 2026, in the preparation of this article.