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Attorneys Offer Legal Assistance in Building Families

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Over the past few years, the field of assisted reproductive technology has changed rapidly. As new procedures have developed, especially those which utilize a third party, such as sperm donation, egg donation, and surrogacy, new legal issues have cropped up.

Lawyers are now specializing in a new field of law known as Family Building Law or Reproductive Technology Law. Lawyers who specialize in reproductive law can help protect the rights of those involved in assisted reproduction.

When to consult a lawyer

Before you begin your fertility treatments, especially those which utilize a third party, you should meet with a reproductive lawyer. Your lawyer can help you draw up contracts that clearly state the rights of those involved, as well as handle other issues like insurance claim denials.


Surrogacy is widely considered the most legally complex of the assisted reproductive technologies. This becomes even more complex if traditional surrogacy is used. With traditional surrogacy, the surrogate uses her own eggs, so the child would be related biologically to her.

In New York State, surrogacy is a complicated issue. Surrogacy agreements are prohibited by New York law, and are punishable by fines of up to $500 for those involved in the surrogacy agreements and up to $10,000 for those who arrange the agreements.

Couples in New York are only able to work with lawyers for surrogacy in the capacity of intended parents. Women in New York are not able to serve as surrogates.

Surrogacy is an especially complex issue in New York, so before you begin the process, it is very important to retain the services of a reproductive law attorney.


If you are considering a domestic or international adoption, it is helpful to retain the services of a lawyer who specializes in adoption. Your lawyer can help you understand the state laws regarding adoption, as well as draw up a post-adoption agreement. This post-adoption agreement will clarify the custody of the child and the role the birth parents will play in the child’s life.