ASSISTED REPRODUCTIVE TECHNOLOGY
Advances in medicine have allowed families to grow in new ways. With these new opportunities for family growth, come new legal, ethical, and practical considerations.
Egg and Sperm Donor Agreements
Anonymous or known Egg and Sperm donation can allow a family to have a child biologically related to one party. Whether through necessity as a same-sex couple or single individual, or due to infertility of one partner, the creation of an embryo by combining a donor material with an individual’s biological material has created a world of possibilities. An agreement addressing retrieval (whether frozen or fresh), usage, and contact with a future child is a necessity.
Sometimes, a family that has undergone their own fertility journey and has remaining frozen embryos they do not plan to use, may place those embryos for adoption or donation. Entering an agreement that contemplates the history, usage, and future of the embryos, and the unique challenges of a genetically unrelated child through embryo donation is a necessity.
Illinois is considered a surrogacy friendly state. This means Illinois has a law that provides guidance for parties entering into a surrogacy or gestational carrier agreement. It also provides for a pre-birth order (issued outside of court) as long as the requirements of the law are met. One of these requirements is that both the intended parents and the gestational carrier are required to have legal representation to ensure both sides fully understand and agree to the terms of this exciting journey they are on together. In addition, one intended parent must be biologically related to the child. Although surrogacy where neither intended parent is related to the child is not illegal in Illinois, a different route for finalizing the legal relationship of the intended parents is necessary.
Other Assisted Reproduction Guidance
Every fertility journey is unique and yours may not fit into these categories. We are happy to provide guidance and walk you through some of the legal considerations for your unique journey.
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Gestational Carrier Agreement
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