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Assisted Reproductive Technology Attorneys in Idaho

A developing field of law called Family Building Law, or Reproductive Technology Law, has grown in popularity over the last decade or so. This field is comprised of attorneys who specialize in protecting the rights of those who use ART.

This field of law is especially important as the assisted reproductive technology field continues to grow and evolve. In cases where ART involves third parties—such as egg donation, sperm donation, and surrogacy—counsel from an attorney is even more vital. Attorneys who specialize in this field can help their clients through every step of the fertility treatment process.

ART Law Practices in Idaho

If you are considering moving forward with a fertility treatment that includes a third party, it is recommended you retain the services of an attorney who specializes in this field. Your attorney will draft contracts and document that detail your rights and obligations, as well as that of the third party, such as the egg donor or the surrogate. Your attorney can also help you with issues like insurance claim denials, disposition of embryos, and legal planning before, during, and after the pregnancy.

The following attorneys specialize in reproductive technology law in Idaho:

  • Jeffrey T. Sheehan, Boise, ID
  • Kathleen McRoberts, Boise, ID

Surrogacy Agreements in Idaho

Unlike many other states that have clear provisions in place, Idaho currently does not have any laws on the books either allowing or prohibiting surrogacy. However, case law seems to indicate that surrogacy agreements are permitted.

Surrogacy is often considered the most legally-complex of the assisted reproductive technology techniques because it includes a third-party—the surrogate who will give birth to the child. For this reason, it is especially important that you retain the services of a reproductive law attorney before beginning the surrogacy process.

Your reproductive law attorney can draw up a surrogacy agreement, which allows the intended parents to state their rights and responsibilities and the surrogate to state her intentions. It will also clearly state that the surrogate does not intend to seek custody of the child. The surrogacy agreement will also cover the fees involved in the process—usually a base fee, as well as any additional fees for other factors, like for transportation, invasive procedures, or caesarian sections.

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