Assisted Reproductive Technologies
At Pinnacle Law Firm, we stand ready to guide and assist new parents, donors, and surrogates as they begin or continue their involvement with assisted reproductive technology. We take pride in providing our clients with an exceptional standard of care, and continuously work to improve our service, offering clear, comprehensive, and empathetic legal support at a uniquely important juncture in our clients’ lives. Thankfully, reproductive technologies can help intended parents overcome a wide variety of reproductive barriers; an understanding attorney can ensure that everyone involved has a positive, smooth, and fulfilling experience.
SURROGACY
We often work with intended parents who are using surrogates to carry their children when they are unable to conceive or carry a child to term without assistance. We handle gestational surrogacy cases, advising and arranging contracts between parents and their surrogates. We place particular emphasis on planning, transparency, and clear communication between all parties involved in a surrogacy arrangement, and we can help organize and facilitate important discussions between various family members who may be involved, their surrogates, and donors.
EGG DONATION
In egg donation, a woman chooses to donate her eggs, either to a specific individual or to a third party which manages the arrangement. The level of communication between a donor and the recipient is usually determined by the parties involved in the agreement but should be facilitated and documented by the parties’ attorneys. Women and/or couples often choose to seek out an egg donor if a female partner’s eggs are not viable for some reason, such as early onset menopause, reproductive diseases, or genetic disorders, among other issues. Egg donation, along with surrogacy, is a common option for gay male couples.
SPERM DONATION
Like egg donation, sperm donation can be either directed toward a specific recipient or done anonymously. A pregnancy using sperm donation is usually achieved through artificial insemination, either at a clinic or in the home. Donated sperm can also be used in the process of in vitro fertilization (IVF).
EMBRYO DONATION
Embryo donation occurs when a couple who has completed the process of in vitro fertilization (IVF) decides to donate their remaining embryos to other couples or individuals who might be trying to conceive. Like egg and sperm donation, the relationship between the donor and the recipient can be negotiated between parties, although it is often anonymous or “semi-open,” in which information is exchanged, but names and contact information are withheld.
SERVICE AGREEMENTS AND FUND MANAGEMENT
It is deeply important to ensure that all documentation surrounding surrogacy and donation is clear and detailed. Parents should have agreements with the donor agency and the surrogacy agency that they are using, which lay out each party’s legal rights, financial obligations, plan of action, and privacy. We are more than happy to conduct a complimentary legal review of all of our clients’ agency agreements.
Many surrogacy and egg donor agencies require, or at least recommend, that egg donor and surrogate funds be held in trust by a licensed entity. In fact, California state law now mandates that all surrogacy and egg donor agencies instruct Intended Parents that any monies held for the benefit of an egg donor or surrogate be held in a trust account maintained by an attorney at law or with a licensed and bonded escrow company. Allow Pinnacle Law Firm to establish a trust account for your egg donor and/or surrogate.
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