Fertility Law Practice
The attorneys in DHC’s Fertility Law and Divorce & Family Law practices understand that the journey to parenthood can be thrilling and challenging. With the advancement of reproductive technologies, many couples are turning to assisted reproductive methods, such as egg freezing, and sperm donation, and now, with the passage of the Child-Parent Security Act (CPSA) in February 2021, gestational surrogacy to fulfill their dreams of starting a family. The CPSA legalized surrogacy in New York and provides specific legal protections for gestational surrogates and intended parents, as well as the ability to establish parentage where a child is conceived through assisted reproductive technology. We understand that navigating the legal complexities associated with fertility treatments and surrogacy can be overwhelming. That’s where we come in.
DHC has five offices located in New York City, NY, Albany, NY, Washington, D.C., White Plains, NY and Palm Beach, FL.
The Fertility Law Practice at Davidoff Hutcher & Citron possesses a distinctive capability to guide clients seamlessly through the legal complexities involved in achieving parenthood through assisted reproduction.
Our dedicated Fertility Law practice provides comprehensive legal guidance to individuals and couples utilizing all forms of assisted reproduction, including surrogacy, embryo creation, egg freezing, and sperm, egg, or embryo donation, and we offer a full spectrum of legal services tailored to meet the unique needs of our clients.
Why Seek Legal Counsel?
While fertility treatments and surrogacy offer hope and promise, they also raise important legal considerations with respect to parentage, as well as in the event of divorce or separation. Here’s why seeking legal counsel is crucial for couples exploring assisted reproductive technologies:
- Protecting Your Rights: In the unfortunate event of divorce or separation, having legally binding agreements in place can streamline the process and minimize conflicts. Our experienced Fertility Law attorneys will work closely with you to draft comprehensive agreements that address various scenarios and contingencies, providing peace of mind for the future.
- Protecting Surrogates and Intended Parents: The CPSA established legal criteria for gestational surrogacy agreements that provide protections for both surrogates and the intended parents, including a surrogate Bill of Rights which must be provided to surrogates, and a process to establish parenthood of an intended parent who is not biologically related to the child. The team at DHC can help you negotiate the gestational surrogacy agreement, the paperwork necessary for intended parents, and all other documents necessary to ensure all parties are protected.
- Navigating a Complex Legal Landscape: Fertility law is a specialized field that requires expertise and knowledge of both family law and reproductive technologies. DHC’s Fertility Law team partners with attorneys across the firm practicing in multiple areas of law to provide the necessary skills and experience to navigate the intricate legal landscape, guiding you through every step of the process with compassion and professionalism.
Our Services
- Egg Freezing Agreements: Drafting agreements to clarify ownership, use, and disposition of frozen eggs.
- Sperm Donation Contracts: Assisting with the negotiation and drafting of agreements between sperm donors and intended parents.
- Embryo Donation Agreements: Assisting with the negotiation and drafting of agreements between embryo donors and intended parents.
- Embryo Disposition: Providing legal guidance and negotiation and drafting of agreements on the disposition of frozen embryos in the event of divorce or separation.
- Parentage Orders: Helping intended parents of children conceived through assisted reproductive technology or born via a gestational surrogate to secure legal parentage rights through court orders, and obtaining birth certificates that designate the intended parents as legal guardians.
- Gestational Surrogacy Agreements: Drafting legally binding contracts that outline the terms and conditions of the surrogacy arrangement between the intended parents and the gestational surrogate.
- Facilitating Co-Parenting Agreements: Guiding individuals through the process of establishing comprehensive legal agreements delineating the rights, responsibilities, and arrangements concerning joint parenting of a child, often involving unmarried or non-romantic partners.
- IVF Clinical Process: advising clients on legal considerations related to IVF, such as understanding consent forms, reviewing contracts with fertility clinics and medical professionals, addressing legal implications of embryo creation, storage, and transfer, and ensuring compliance with relevant laws and regulations governing assisted reproduction.
Why DHC?
- Inclusive Approach: We embrace diversity and welcome clients from all walks of life, including same-sex couples. Our inclusive approach ensures that every client receives the respect, compassion, and personalized attention they deserve.
- Expertise in LGBTQ+ Law: With a deep understanding of LGBTQ+ legal issues, our attorneys have the knowledge and experience to address the unique legal needs of same-sex couples navigating the fertility journey.
- Empathetic Support: We understand the unique challenges faced by same-sex couples and those facing reproductive difficulties on their path to parenthood and provide empathetic support and guidance every step of the way, ensuring a positive and empowering experience.
- Experience: With years of experience in family law and fertility matters, we have the expertise to handle even the most complex cases.
- Personalized Attention: Your journey is unique, and we will tailor our services to meet your specific needs, providing personalized attention and support every step of the way.
Contact Us Today
Don’t navigate the complexities of fertility law alone. Trust DHC’s Fertility Law practice to partner with you on your journey to parenthood. Contact us today to schedule a consultation and take the first step toward securing your family’s future.
Key Takeaways
DHC’s Fertility Law attorneys guide New York individuals, couples, intended parents, surrogates, donors, and families through the legal issues involved in assisted reproduction, gestational surrogacy, parentage, and fertility planning.
New York fertility law requires careful legal planning.
With the passage of the Child-Parent Security Act, gestational surrogacy is legal in New York and includes specific protections for gestational surrogates and intended parents.
Legal agreements help protect everyone involved in assisted reproduction.
DHC assists with agreements related to egg freezing, sperm donation, embryo donation, embryo disposition, gestational surrogacy, co-parenting, and IVF-related legal considerations.
Parentage should be clearly established.
DHC helps intended parents establish legal parentage rights through court orders and birth certificates for children conceived through assisted reproductive technology or born through gestational surrogacy.
Fertility law can become especially important in divorce or separation.
Legally binding agreements can help clarify ownership, use, and disposition of eggs, sperm, or embryos if a couple separates or divorces.
Surrogacy agreements must comply with New York legal requirements.
DHC assists with gestational surrogacy agreements, required paperwork, and documentation designed to protect both surrogates and intended parents.
DHC takes an inclusive and compassionate approach.
The Fertility Law practice welcomes clients from all backgrounds, including same-sex couples, and provides personalized guidance for each client’s path to parenthood.
Fertility Law Frequently Asked Questions (FAQs)
What does a Fertility Law attorney do in New York?
A Fertility Law attorney helps individuals, couples, intended parents, surrogates, and donors address the legal issues involved in assisted reproduction. This may include gestational surrogacy agreements, agreements involving egg freezing, sperm donation contracts, embryo donation agreements, parentage orders, embryo disposition planning, co-parenting agreements, and IVF-related legal review.
Is gestational surrogacy legal in New York?
Yes. Gestational surrogacy became legal in New York under the Child-Parent Security Act, which took effect in February 2021. The law provides legal protections for gestational surrogates and intended parents and creates a process for establishing parentage for children conceived through assisted reproductive technology.
Why are legal agreements important for assisted reproduction?
Legal agreements help clarify the rights, responsibilities, expectations, and future options of the parties involved. They can address ownership, use, storage, donation, or disposition of eggs, sperm, and embryos, as well as issues that may arise in the event of divorce, separation, or a change in family circumstances.
Can DHC help intended parents establish legal parentage?
Yes. DHC assists intended parents with parentage orders for children conceived through assisted reproductive technology or born through gestational surrogacy. The firm also helps intended parents obtain birth certificates that reflect their legal parentage rights.
Does DHC work with LGBTQ+ individuals and same-sex couples on fertility law matters?
Yes. DHC’s Fertility Law practice takes an inclusive approach and works with clients from all backgrounds, including same-sex couples. The firm provides legal guidance on assisted reproduction, surrogacy, parentage, co-parenting agreements, donor agreements, and other fertility-related legal needs.
