Intended parents—an individual or couple who cannot conceive on their own for any reason—may choose surrogacy and/or use donor gametes or donor embryos to build their family. Assisted reproduction arrangements involve legal matters such as parentage, confidentiality and expense reimbursements that can be daunting. That’s where Hangley Aronchick’s experienced attorneys come in. We are here to help intended parents navigate the process and build their family.
There are numerous options for the creation or expansion of a family through assisted reproduction, and our attorneys regularly counsel intended parents on the agreements governing these arrangements. We also help individuals who donate eggs, embryos, or sperm, or who serve as a surrogate or gestational carrier. We understand the questions and legal issues that commonly arise, and we can help donors and intended parents craft fair and comprehensive contracts.
Gestational Carriers
Contracts to ensure and enforce all parties’ rights, obligations and intentions for the surrogacy journey
Gestational carriers or surrogates play an invaluable role in helping intended parents build a family. We draft, review and negotiate gestational carrier agreements between intended parents and a gestational carrier and her spouse/partner, working to detail the parties’ rights, obligations and intentions for the surrogacy journey. Our experienced attorneys provide thoughtful and compassionate representation, understanding that those embarking on the surrogacy journey are likely to have questions about the legal and practical aspects of these arrangements.
For intended parents working with gestational carriers, we provide comprehensive legal services to secure pre-birth orders. A pre-birth order is a legal document that establishes the intended parents as the legal parents of the child before birth, ensuring that their parental rights are recognized immediately upon delivery. We will assist you throughout this process, from drafting and filing the necessary documents to finalizing the court order, so you can focus on preparing for your child’s arrival with confidence and peace of mind.
We also have extensive experience assisting international intended parents. Our team coordinates with attorneys in your home country, assists in obtaining necessary documents in the United States, and ensures you receive all required paperwork in a timely manner to facilitate a smooth and timely trip home.
Sperm Donation
Guidance on legal protections and planning for future contingencies in family building
A sperm donor agreement is a legally binding document that outlines the rights, responsibilities, and intentions of both the sperm donor and the recipient(s). These agreements clarify parental rights, financial responsibilities, confidentiality and other issues that may arise in the sperm donation arrangement, providing peace of mind and legal clarity. We help draft such contracts, tailored to our client’s needs and with consideration of important legal implications, and negotiate with the donor. We also represent sperm donors in the review of these agreements.
Every sperm donor situation is unique, with its own set of circumstances and expectations. Consulting with a fertility attorney ensures that an agreement is tailored to your specific needs and provides comprehensive legal protection. Our attorneys help you craft agreements that address questions such as the expectations about any cryopreserved sperm or embryo; how the intended parties and donor will share medical information; and to whom the donor arrangement will be disclosed. Additionally, sperm donor agreements rely on state law about enforceability and, therefore, it is important to work with an attorney who is well-versed in the law of your state. We have considerable experience in Pennsylvania and New Jersey.
Egg Donation
Donating or receiving eggs is a significant decision with numerous legal considerations
Whether you are receiving donated eggs to build your family or donating eggs to a family member, friend, egg bank or intended parents you met through a matching program or other platform, you will have questions about the legal process. The egg donation agreement will cover important aspects of the egg donor arrangement such as the donor’s compensation (if applicable), reimbursement of expenses and issues related to the future use of donated eggs. We will guide you through the legal process, ensuring that your rights and responsibilities are clearly defined through an egg donation agreement.
Embryo Donation
Detailed agreements that address important issues and clarify rights and responsibilities
Embryo donation is a compassionate and impactful decision that involves myriad legal considerations. Donors and recipients turn to us to help navigate both obvious and unexpected legal issues that arise during the drafting, negotiating and implementation of embryo donation agreements. We provide a client-centered and detail-oriented approach to ensure that individuals are empowered with the knowledge and support needed to address all legal aspects of the embryo donation.
Embryo/Gamete Disposition Agreements
Advice and compassion for important arrangements
We understand that navigating agreements regarding the disposition of gametes and embryos can be complex and emotionally sensitive. Our attorneys provide thoughtful legal assistance to help individuals and couples create clear, enforceable agreements for the storage, use, or disposal of frozen gametes and embryos. These agreements are especially critical in situations such as separation, divorce or death.
Traditional Surrogacy
Clarity for those with questions about the surrogacy journey
In traditional surrogacy, the pregnancy is achieved with the surrogate’s own egg while in gestational surrogacy, the pregnancy is achieved with the egg of one intended parent or an egg donor. In Pennsylvania and New Jersey, only gestational surrogacy agreements are currently legally enforceable, so those pursuing traditional surrogacy (or genetic surrogacy) must rely on adoption laws to establish parentage for the non-genetic parent. We assist intended parents and surrogates in the adoption process in traditional surrogacy arrangements.