Assisted reproduction has become much more common in the last ten years. Parents suffering from infertility now have several options to have a child. If a mother is unable to become pregnant and carrying a child to term because of the quality of her own eggs, the couple may consider an egg donation. If the problem is the father’s sperm, there is sperm donation. If the intended parents cannot create a viable embryo with their own egg and sperm, the may consider both egg and sperm donation or an embryo donation. A child born to the mother under these circumstances is considered the child of the mother and her husband, even if the child is not genetically related to either of them.
If a mother is not able to get pregnant or carry a child to term, but she and her husband have viable embryos that were created from the mother’s egg and the father’s sperm, or created from either or both donated eggs and donated sperm, it may be possible to enter into an agreement with a gestational host who has a history of bearing children, to have the embryo transferred to her uterus.
If a child results from such an arrangement, the gestational surrogate and her husband, if she is married, are presumed to be the parents of the child. This presumption may be overcome with a legal document known as a pre-birth order.
The Law Offices of Scott E Myers has prepared or reviewed many agreements covering egg donation, sperm donation, embryo donation, gestational and traditional surrogacy and has obtained numerous pre-birth orders. If you are considering the formation of a family using any of these assisted reproductive technologies or assisting in the creation of a family through a donation of eggs, sperm or embryos or by serving as a gestation host, you should consult with an attorney experienced in these matters.