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Charleston Attorneys Offer Legal Assistance

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Advances in the assisted reproductive technology (ART) field have given many couples the opportunity to become parents, but they have also raised a wide range of legal issues. Many fertility treatments use third parties to help couples become parents: sperm donors, egg donors, and surrogates.

A new field of law has developed in order to understand and work with these new legal issues. Lawyers are now specializing in Family Building Law and Reproductive Technology Law to protect the rights of those involved in third party family building arrangements.

Charleston Law Practices

It can be legally-helpful to retain the services of a reproductive technology law attorney before you begin your fertility treatments. Your lawyer can draft contracts that clearly state your rights, which can protect you throughout the process.

The following attorneys in the Charleston specialize in reproductive law:

  • Emily S. McDaniel
  • James Fletcher Thompson


It is especially important to retain the services of a lawyer if you are considering using a surrogate.

South Carolina has no explicit law that deals with surrogacy, but South Carolina courts have ruled in favor of surrogacy agreements. Because of this, it is important your attorney draws up a surrogacy agreement before your surrogacy process begins.

Perhaps most importantly, your surrogacy agreement will clearly state the rights and responsibilities of the prospective parents and the surrogate. It will also explicitly clarify that the surrogate does not intend to seek custody of the child.

Your surrogacy agreement should also detail the fees that will be paid to the surrogate. It should state the base fee, as well as how it will be dispersed. Many surrogacy agreements also include additional fees, for things such as transportation, invasive procedures, or multiple births.


Before you begin the adoption process, it is important to talk first with an adoption attorney. These attorneys can help you with both domestic and international adoptions.

Your adoption attorneys will help you understand how the adoption laws in your state apply to your case. They will also draw up a post-adoption contract, which will clarify which role, if any, the birth parents will play in the child’s life.