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Reproductive Technology

Surrogacy and Gestational Carriers

In a traditional surrogacy, the surrogate is the genetic mother of the child(ren) that she gestates and delivers. In a gestational carrier arrangement, the gestational carrier gestates and delivers child(ren) born from embryos that were created through in vitro fertilization (IVF), using donated ova, retrieved from a known or anonymous donor.

In both cases, the surrogate or gestational carrier enters into a written agreement with the Intended Parent(s) of the child(ren) born as a result of the agreement. Each party to a surrogacy or gestational carrier agreement, requires his or her own separate legal representation, in order to ensure that all parties are properly advised and protected. Surrogacy and gestational carrier agreements are lengthy and detailed, due to the many complex considerations that must be addressed. It is critical that the contract be properly and clearly written, and that each party be completely informed as to the terms of the agreement.

In my practice, I have experience serving as the legal counsel and representative for each of the involved parties: the surrogate, gestational carrier, or the Intended Parent(s), in the creation of their agreement.

Ovum Donor Agreements

It is important for the Intended Parent(s) and the ovum Donor in the in vitro fertilization (IVF) procedure to negotiate and complete a written Ovum Donation Agreement. The Intended Parent(s) and the Donor (and her spouse, if any), need to have separate legal counsel, to advise them of their rights and obligations, and to negotiate the agreement that accommodates the needs of all parties to the agreement. In fact, many IVF clinics will not proceed with the procedure until the Intended Parent(s) and the Donor have been advised by separate legal counsel, and have completed their written agreement.

Colorado law recognizes the option for an ovum donor or sperm donor to donate their ova or sperm without establishing any parental relationship with children born as a result of their donation. This specific recognition supports the validity of written agreements between Donors and Intended Parents that provide for the Intended Parent(s) to become the sole legal parent(s) of any child born as a result of the (IVF) procedure.

I am experienced in drafting donor agreements, on behalf of Intended Parents, and also in reviewing agreements that have been drafted by other attorneys, who represent Intended Parents, where my role is to advise the Donor regarding the agreement, and to negotiate on behalf of the Donor.

My experience in these matters has involved collaboration with reproductive technology agencies throughout the U.S., and Intended Parents and Donors who live outside Colorado, when the IVF procedure will take place in a Colorado clinic.

Sperm (Semen) Donor Agreements

When Intended Parents choose to use the semen of a known semen donor, for insemination or in vitro fertilization (IVF), a properly-written agreement is required, for the same reasons that contracts are required between ovum donors and Intended Parents. One of my specialties, therefore, is the drafting of sperm donor agreements that preserve the intentions of the parties, and include specific details of the arrangements between the parties. These agreements must be signed prior to insemination or IVF, to ensure validity.

Pre-birth Orders Affirming Parental Rights of Intended Parents

After the gestational carrier or surrogate's pregnancy has developed beyond the first 3-4 months, if I represent the Intended Parents (IP's), I obtain a court order, pre-birth, establishing that the surrogate/gestational carrier (and her husband, if any) is not a legal parent of the baby, and that the IP's (or, in some cases one IP) is the legal parent of the baby. The court order then serves to direct that the birth certificate cite the affirmed parent IP (or IP's) as the baby's legal parent, and authorizes the affirmed parent(s) to take custody of the baby upon birth. Currently, when the IP's are a gay couple, it is difficult to affirm the parental status of both IP's pre-birth, and only one of the IP's is affirmed as legal parent prior to birth. In those cases, the second IP obtains his parental rights via second parent adoption, after the child is born.

In my practice obtaining court orders affirming the parental rights of IP's, I work with the International Fertility Law Group, Inc. (www.iflg.net) and the Reproductive Law Center (www.reproductivelawcenter.com), among the largest and most well-established reproductive technology agencies in the world for interstate, local and international gestational carrier arrangements, as well as with other agencies, and with individuals who contact me directly.

Relinquishment

When a traditional surrogate is used (the gestating surrogate is the genetic mother of the child(ren)), the surrogate must relinquish her parental rights, after birth of the child(ren). In such cases, I can represent the surrogate in the relinquishment proceedings in court.