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Dear Patient Care Advocates: What Questions Should I Ask My Reproductive Lawyer?

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Dear Patient Care Advocates:

I know you can help me connect with resources like Surrogate Solutions, Snowflakes Embryo Adoptions, or Donor Egg Solutions, but what can you tell me about finding the right attorney to represent me in my quest to become a parent through third party reproduction?


Confused in FL

Dear Confused,

Since very few attorneys specialize in reproductive law, you should definitely interview a few prospects in advance and ask lots of questions. After all, your fertility treatment and future child will be the end result of this business relationship. Here are five questions you may want to ask your Reproductive Law Attorney:

  1. How long have you been specializing in reproductive law/how many cases have you represented? Make sure your attorney has the appropriate experience for representing a reproductive law case. It is really confusing to understand reproductive laws by state and you really want to make sure you, your partner, your child, and any other parties involved are protected.

  2. In which states are you licensed to practice law? While it may be a stretch, you should look for a lawyer who is licensed in the state in which your fertility treatment will be performed, the birth place of your child-to-be, and where you and the donor/surrogate live (if possible).

  3. How will we manage my health insurance and any money that needs to be paid for third party reproduction services? What do all of the fees, including legal fees, look like?

  4. Will you be able to help me find a gestational surrogate, egg donor, or sperm donor? What about an agency to assist with embryo donation?

  5. Do you have any personal experience with third party reproduction? Ok, so this one isn’t going to make or break the deal (and your attorney is not at all obligated to share), but given the sensitivity of the issue at hand, you might want to ask whether your attorney or someone close to them, has gone through this process before. At least, you should be able to gauge his or her sensitivity to the issue and whether or not you feel a good “fit” with your lawyer.

If you have any specific questions regarding surrogacy, donor egg or donor embryo agencies, you can contact our Patient Care Advocates by calling 1-855-955-BABY (2229) or email our Florida Patient Care Advocate: Don't forget to check out our Egg Donor and Embryo Match forum on

Baby Dust,

Watch as Dr. Said Daneshmand of The Fertility Center of Las Vegas explains how fertility patients can work with their doctor to select an ideal egg donor with good physical and mental health. (One less thing to worry about in the third party reproduction process!):

Click image to play.

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