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Miami Lawyers Specializing in Assisted Reproductive Technology
The field of assisted reproduction technology (ART) can be legally complicated, especially when a third party is involved for either creating or gestating an embryo (surrogacy, egg donation, sperm donation, embryo donation). In many ways, the technology is developing quicker than laws can keep up with it. In order to keep up with the evolving technology, and to keep the rights of the patients at the center, some attorneys focus on representing women or men undergoing fertility treatments or pursuing adoption.
Attorneys who specialize in fertility treatment law fall in one of two categories: Family Building Law and Adoption or Reproductive Technology Law. When undergoing fertility treatments with assisted reproductive technology, it is important to retain a lawyer who specializes in this the field. Her or she can create legal agreements that show clear legal rights, responsibilities, obligations, and protections for those involved.
Miami and South Florida Attorneys
The following law practices or attorneys in the South Florida area specialize in the emerging field of assisted reproductive technology or adoption law. Before undergoing certain fertility treatments, especially those utilizing a third party, it is recommended to talk with a lawyer regarding the process.
- The Law Offices of Charlotte H. Danciu, P.A., Delray Beach, FL
- The Law Offices of Brian M. Moskowitz, Boynton Beach, FL
- Hausmann & Hickman, P.A., Boynton Beach, FL
Sperm and Egg Donation
Women or couples who intend to use sperm or egg donation for family building may find it helpful to utilize the services of an attorney.
For those thinking about egg donation, a lawyer specializing in ART can draw up an egg donor agreement that clarifies each party’s responsibilities. It can also clearly state that the egg donor does not wish to have physical, legal, or parental responsibility for the child.
Adoption lawyers can assist with issues like pursuing claim denials from insurance companies, disposition of embryos, and legal planning pre and post-conception.
Surrogacy is often considered the most complicated assisted reproductive technology option from a legal standpoint. Because of that, it is very important for those interested in using a surrogate to retain a lawyer who specializes in it.
In Florida, contracts for surrogates are legal, as long as the intending parents of the child are married, and a physician determined that the mother cannot physically carry a pregnancy without causing harm to herself or the fetus.
Surrogacy contracts should clearly state the intentions and responsibilities of each party, and should emphasize that the surrogate does not intend to seek custody of the child.
The surrogacy contract should include who will pay the medical expenses, and what role, if any, the surrogate will play in the child’s life. Many surrogacy contracts also state additional fees on top of the base fee, including transfer or insemination fee, invasive procedure fee, maternity clothing allowance, multiple pregnancy fee, or cesarian-section fee.
Retaining an adoption lawyer is a smart step whether you are pursuing either domestic or international adoption. Adoption lawyers are especially helpful because they can explain the differing adoption laws according to your state, and can help you understand any risks and address your concerns..
They will also clarify in a post-adoption agreement if the birth parents will have any contact with the child, and if so, to what extent.