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Undergoing IVF? Why an attorney is necessary

| Jun 20, 2016 | Same-Sex Partners

Infertilty and reproduction are delicate subjects for most, frought with emotions and anxiety. On the one hand, it may enable you to have the child you have dreamed about. On the other hand, the process is complicated and expensive. That is why when and if you decide to pursue assisted reproductive therapies (commonly known as ART), it’s likely that you won’t want to have to endure worst case scenarios.

The vast majority of ART procedures are implemented with no trouble. Nevertheless, they are medical procedures and therefore carry a risk of malpractice. A simple paperwork error could cause undue harm, which is why it is important to consult with an attorney while undergoing IUI, IVF, egg donation and other reproductive treatments.

The law is evolving

While most states have addressed the topics of traditional and gestational surrogacy, fewer than 20 states in the U.S. have existing laws regarding egg donation. There are still many questions left unanswered by the courts, such as what to do in the case of divorce after a couple has undergone the processes of IVF and the freezing of embryos.

While the Federal Drug Administration and the American Society of Reproductive Medicine have established guidelines for ART procedures, the law is still murky and varies from state to state. The American Academy of Assisted Reproductive Technology Attorneys (AAARTA) was established to help guide prospective parents through the process of locating attorneys to assist them.

Draft an agreement

The AAARTA recommends that attorneys be brought in to draft donor agreements and review donors’ and patients’ rights. Assisted reproductive technology is a complicated area of the law, one that is still evolving. That is why attorneys recommend consults when undergoing assisted reproductive technology options. It is important to protect yourself legally so that you can achieve the best possible outcome for everyone.