Many families are created by using Assisted Reproductive Technology (ART). ART uses medical procedures intended to help couples conceive a child. These include egg and sperm donation, surrogacy, in vitro fertilization (IVF), and hormonal therapies. Attorneys have an important role to play in ART. Whether you are interested in becoming a surrogate, finding a surrogate, donating your eggs or sperm, or completing a parentage action in court during the pregnancy of a surrogate, an attorney can help you along in the process in several ways.
ART attorneys draft surrogacy and donation agreements, which will often outline the terms for issues like the surrogate’s compensation, medical expenses, and the decision-making rights of all people involved. Surrogacy agreements are crucial, as they set the guidelines between the surrogate and intended parents and help avoid conflicts.
When either donating or receiving an egg or sperm donation, an ART attorney is a necessary part of the process for creating an agreement between those involved. Like the surrogacy agreement, the agreement between the donor and recipient is important for defining the roles of those involved, so that misunderstanding and possible legal issues do not arise.
ART attorneys also assist in ensuring that the parentage of all those involved is legally established. Once a surrogate is pregnant, the rights of the parents need to be established and an ART attorney is necessary to ensure that the intended relationships between everyone is legally established.
Having an experienced ART attorney who knows the ins and outs of ART helps ensure that all involved understand any legal risks and safeguards so they can minimize potential risks. Whether you are interested in becoming a surrogate, are looking for a surrogate, need assistance or want to donate eggs or sperm, or need to legally finalize a parentage action, an Assisted Reproduction attorney at Paule, Camazine, & Blumenthal, P.C. can guide you through the process.
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.
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