Legal Considerations for Those Who Want to Conceive

That’s the gist of a recent talk I heard on “Legal and Ethical Dilemmas in ART Today.” The speaker was Susan L. Crockin, Esq., who is very experienced in reproductive law and authors the “Legally Speaking” column in the American Society of reproductive Medicine newsletter.

Using case illustrations, her main point was that unless one is in a legally binding relationship such as a marriage, it is advisable to have the relationship between the individuals involved in the procreation clearly defined. When people enter into these relationships to try to create a child they assume that things will go well and sometimes they do not. Situations which may raise a red flag include unmarried couples, those using surrogates or a known egg donor, single women using a known sperm donor, same-sex couples who have not been able to enter a legally-binding relationship, especially if one member of the couple is providing the eggs or sperm and the other is the carrier or has no biological relationship to the child.

Many situations have led Reproductive Partners to require a legal contract. It’s most commonly required when a surrogate or egg donor is used. But in other instances a fertility center may be unaware of the nature of the relationship between partners attempting to conceive. And this recommendation is valid regardless of the method used to conceive the child, whether it’s by natural conception or IVF with ICSI and PGD. One situation in which Ms. Crockin thought a contract was mandatory is when people of different states are involved (i.e. a couple in California using an egg donor from Colorado and a surrogate from Arkansas). In this instance the contract should indicate which state’s law applies.

To me this recommendation makes sense: After all one should not enter into an investment or buy real estate with an individual with whom one does not have a legal relationship without a contract. But sometimes we do not apply the same common sense principles to our personal lives that we do to business.

Reproducer, beware.

Arthur L. Wisot, M. D.

Reproductive Partners Medical Group, Inc.

Southern California Fertility Center

Credits –

This information is provided by Arthur L. Wisot, M.D., F.A.C.O.G., one of the team of outstanding fertility doctors at the Southern California fertility center, Reproductive Partners Medical Group. For more information on IVF and the many available infertility treatments please visit www.reproductivepartners.com.