From the moment you decide to pursue gestational surrogacy or other fertility treatments, you need to have a reproductive law attorney who understands the ins and outs of the laws pertaining to assisted reproduction. Why is this so important? Consider a real-life example.
A Binding Agreement
Mimi Lee and Stephen Findley decided to have five embryos frozen and preserved at the University of California, San Francisco. At that time, the husband and wife signed an agreement specifying that if they ever got a divorce, their embryos should be discarded and not used.
Fast-forward to a later date, after Mimi’s battle with cancer. She and Stephen decided to get a divorce, and the question arose again— what should become of the frozen embryos? Since her cancer treatments, Mimi argued that the embryos were her last chance to have a baby because the cancer made it risky for her to get pregnant.
Mimi wanted to change the agreement she had signed. Perhaps she made her original decision at her husband’s suggestion, or perhaps she did not think through all the possibilities in her future. Whatever the case, the original agreement was binding, and the case proceeded to court. On November 18, 2015, Judge Anne-Christine Massullo made a tentative decision that the original legal contract still held, in spite of Mimi’s hope to keep the embryos.
While the situation may seem heartbreaking from the wife’s point of view, the husband has rights in this scenario as well. Above all, the legal agreement signed by both people trumps any change of mind from either party. To keep the embryos, both parents would have to agree on a new decision and sign a new agreement.
Protecting All Parties
Situations like these are precisely why you need a good reproductive law attorney on your side. When you select a Maryland attorney to help you, make sure that the person you choose has ample experience in this area of the law. The right lawyer should bring all the facts to the table and give you time to consider any decisions without rushing or pressuring you or your partner.
Covering the Bases
When beginning your journey to start or expand your family using in vitro fertilization or third party reproduction, you should have a reproductive law attorney review and provide advice for any agreement you are asked to sign such as agency agreements, medical consent forms, and legal agreements. If you are considering gestational surrogacy, the legal agreements that you sign should cover all possibilities, protecting you, your partner, the baby, and the surrogate mother. Make sure that your lawyer addresses topics like legal custody, the delivery location, parental rights, and insurance coverage. In addition, you’ll need to make important decisions about contact with the surrogate mother both during and after the pregnancy. If a medical situation arises during pregnancy, you need to know who has the right to make key medical decisions.
Your assisted reproduction lawyer is an essential part of your team on your journey to parenthood through gestational surrogacy. Do your research, ask lots of questions, and think through each decision that your lawyer presents for your consideration. With the right legal protection in place, you can move on to the next step in the process.
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About Nicole K. White
As a mother via gestational surrogacy, Nicole is passionate about helping her clients experience the joy and fulfillment of starting or growing a family of their own through third party reproduction. Her knowledge and experience as an attorney and as an intended parent mean she knows firsthand what you will go through and what you will need – understanding, ongoing support, guidance and a smooth process.
