Assisted Reproduction & Surrogacy

As medical technology advancements have been made in the last few years, more viable opportunities for Assisted Reproductive Technology (ART) treatments and procedures have become available to families experiencing fertility issues. Although the sperm donation process has been available for years, in the last decade, ovum donation and embryo donation have also become available and success rates at good fertility clinics are quite high. It is increasingly common today to have a couple conceive a child by using donor egg or donor sperm which are united in vitro to form an embryo that is then transferred to the intended mother’s reproductive tract such that a pregnancy is achieved. The intended mother then gives birth to a child to whom she may or may not be biologically related to, yet she intends to parent that child. Also, the same basic medical processes can be used to achieve a pregnancy in a woman acting as a gestational surrogate such that she gives birth to a child to whom she is not biologically related for the benefit of the intended parents.

Such situations and many other variations are allowing families to be formed with the assistance of physicians and fertility clinics all over the country and indeed, throughout the world. The laws of each state and jurisdiction vary a great deal on how parentage is established in the intended parents and how a donor and a surrogate insures that he or she has no parental obligations for any child born through these assisted reproduction procedures. Washington law generally provides that a “donor” of ova, sperm or embryos is not a parent unless otherwise agreed. Washington law also allows surrogacy but prohibits a surrogate from receiving a “fee” for surrogate services. There are situations where individuals can act as a surrogate and have expenses paid, but it is important to get the advice of an attorney who is practiced and knowledgeable about the particular laws in Washington State to consider the many legal issues and possible complications in such situations.

Most medical clinics that assist with ARTS procedures require a legal agreement between the parties to outline their intent as to who will be the parent or parents of a child born as the result of these medical procedures, and who will have the rights and responsibilities as parents of the child. Washington is one of the few states that has fairly clear laws that specifically address these assisted reproduction issues and helps make clear the legal relationships in such cases.

Mark has worked with many families, fertility clinics and donor agencies for more than ten years in this area of law and he has drafted agreements for virtually all types of ARTS situations. He can help to answer your questions and assist you in preparing a Donor Agreement, a Gestational Surrogacy Agreement and other assisted reproduction agreements.