Advancements in Assisted Reproductive Technology (ART) have opened new doors for intended parents who previously had no hope of having a child of their own.
From in vitro fertilization to surrogacy, breakthrough medical techniques have expanded the possibility of biological parenthood to a wide diversity of individuals and couples. While creating parenting opportunities once thought unattainable, these cutting-edge medical technologies have also introduced a host of legal complexities and uncertainties.
We stand ready to help you navigate the confusing, high-risk legal environment that has developed alongside the exciting new opportunities afforded by ART.
The laws regarding parentage and the formation of families using new medical technology is complex, confusing, and ever-changing. Disputes over the right to use genetic material such as embryos, as well as disputes over the parentage of children resulting from the use of these technologies are, unfortunately, becoming more-and-more common. The legal definition of who can and cannot be a parent is constantly evolving. Fred Silberberg and his staff are at the forefront of these ongoing changes having made new law in the field of parentage for fathers who used fertility procedures, as well as handling the nation’s most visible dispute over cryogenically preserved embryos. Fred’s extensive litigation experience and knowledge of family law and ART law provides his client with a distinctive advantage that few lawyers in Southern California, or the country for that matter, possess.
With so much at stake, it’s essential that all parties involved in ART processes have a clearly defined, well-structured legal agreement that creates a stable base for the development and birth of a happy, healthy child.
ART legal agreements are detailed and complex in nature, and stretch far beyond the mere terms of monetary compensation. They must specify the role each party will play in the child’s prenatal development and also make clear the extent of each party’s involvement and responsibilities after birth. They also must account for and establish a plan in response to a broad range of contingencies throughout the process. In some cases, additional steps must be taken to legally establish the intended parents as the child’s rightful parents.
We can structure your agreement and create a sound legal framework that gives you the confidence you need to focus your energies on preparing to become a parent – not on the muddled and ever-evolving legal environment governing the use of Assisted Reproductive Technology.
The magnitude of the responsibility taken on by clinics and professionals who provide ART services is often overlooked. As ART techniques evolve, so too does the complexity of the documentation which clinics and fertility doctors are expected to provide to clearly establish parental rights.
We can help you ensure that your processes, documents, and records comply with legal standards, and are sufficient to protect you from potential law suits brought by the parties engaged in ART’s techniques.