Many couples that wish to grow their families but are same-sex couples, struggle with infertility, or wish to be single parents, may explore assisted reproductive technology (ART). ART encompasses many non-traditional ways of conceiving a child including using donated egg, sperm, or embryos and even seeking out a gestational carrier (also known as a surrogate) to carry a child. Arizona law has not advanced as fast as these technologies resulting in a lot of legal gray areas surrounding these practices.
If you are looking into sperm and egg donations, or surrogacy to expand your family, call the law offices of Scottsdale Family Law first. It is always a good idea to have an experienced Arizona ART and Parentage lawyer review or draw up contracts for you to protect yourself down the road. Call us today at 602-279-1900 to see how we can help.
It doesn’t matter if your donor or carrier is your best friend, relative, or an anonymous stranger. You want to make sure that you understand the law with regards to your rights as potential parents. If this is a path you are seriously considering, visit a lawyer first. ART and parentage laws vary from state to state.
For example, intended parents have to go to court to obtain orders designating them as the legal parents of a child born to a gestational carrier and may even have to adopt the child the surrogate has carried for them. Court orders should also be obtained confirming that the egg or sperm donor is not a legal parent or terminating any potential rights if the donor is known to you.
One common method of conceiving through ART is to use donated sperm or eggs. The sperm or egg for this procedure can either be donated by someone who is known to the potential parents or by an “anonymous” donor.
If you obtain sperm or eggs through a sperm bank or egg bank, it is unlikely the anonymous donor will ever be declared a parent. The waters become a bit muddier if you know the donor personally. We can help you navigate expectations and create contracts for known donor situations, as well as explain to you why “anonymous” donations may not be as anonymous as you would expect in today’s world.
Many people struggling with fertility issues often choose to create or obtain embryos as an aid to forming their family. Known as in vitro fertilization or “IVF”, the process often results in unused embryos being frozen and stored for future use.
When a couple breaks up or is divorcing after undergoing IVF treatment there may be questions about who gets custody over these unused embryos.
Because Arizona is just beginning to create laws regarding embryos and many situations are unclear, it is imperative to consult with an experienced attorney with extensive knowledge about Arizona ART and parentage laws before a dispute arises.
Asking a 3rd party to have your baby for you is an emotionally and legally complicated process. We at Scottsdale Family Law understand and are available to discuss everything you need to know and to be prepared to maximize your chances of bringing a healthy little one into your family. The legal status of contracts between gestational carriers (sometimes known as surrogates) and intended parents is unclear in Arizona, so it is exceptionally important to seek out legal advice regarding the many things to consider.
To explore your legal parentage options, contact an experienced Arizona ART and parentage attorney.
Protect your rights as new parents with an experienced Arizona ART and parentage attorney like the law team at Scottsdale Family Law. Let us use our legal expertise to help you create the family you’ve been longing for. Just give us a call at 602-279-1900 or complete the contact form to get started.