Legal Implications of Surrogacy and Assisted Reproduction

The advancement of surrogacy and assisted reproduction technologies have revolutionized family planning and allowed individuals and couples to overcome fertility challenges.

As these methods of family planning become more prevalent, they can also bring about complex legal considerations. If you’re in the process of surrogacy or assisted reproduction, or considering being a donor or surrogate, there are a few key aspects of the process that you should be aware of.

Surrogacy agreements and contracts


The creation of a surrogacy agreement or contract is one of the fundamental legal aspects of surrogacy.

This document outlines all of the rights, responsibilities, and expectations of all parties involved in the process, including the intended parents and the surrogate mother.

The surrogacy agreement typically addresses issues like compensation, medical decisions, and the relinquishment of parental rights.

Parental rights

In some surrogacy arrangements, determining parental rights can be complex. Laws about this process vary by jurisdiction, and in some cases, the existing laws may not even address surrogacy.

It’s crucial for intended parents to understand the legal process for establishing their parental rights, which may involve adoption or a court order, depending on the location and specific circumstances.

An attorney specializing in family law will help to guide you through this process, ensuring that you remain compliant with local laws while keeping the arrangement fair and agreeable to all parties.

Donor rights and anonymity

Assisted reproduction using donor eggs, sperm, or embryos can come along with some significant legal rights and expectations for donors.

In some jurisdictions, donors might have certain rights or obligations, while others may allow for more anonymity.

Both donors and intended parents should be aware of the legal framework governing donor-conceived children, and their rights to information about their genetic heritage.

State and international laws

Surrogacy and assisted reproduction laws vary significantly from state to state, and from one country to another, with some areas having strict regulations governing surrogacy while others remain more permissive.

Intended parents should carefully research the process, being sure to comply with the legal requirements for their location and the location where the surrogacy or assisted reproduction will occur.

Financial compensation

The subject of compensation in surrogacy arrangements is a significant legal consideration. Laws for compensation of surrogate mothers vary widely. Some jurisdictions allow for reasonable reimbursement of expenses, while others permit commercial surrogacy.

Both intended parents and surrogates should be completely informed about the regulations for compensation in their area.

Egg and sperm ownership

Ownership of eggs and sperm used in assisted reproduction is another legal issue to be aware of. Intended parents and donors should clarify their rights and responsibilities regarding the use and disposition of genetic material. This is especially important in cases of divorce, separation, or the death of one of the involved parties.

Consulting a legal expert

Given the intricacies of the legal landscape surrounding surrogacy and assisted reproduction, it’s highly advisable for all parties involved– intended parents, donors, and surrogates alike– to seek legal counsel from experienced professionals who specialize in reproductive and family law.

An experienced attorney can provide guidance, draft legally sound agreements, and navigate the legal processes necessary to protect the rights and interests of everyone involved.

To get started working with the experts here at Davidson Law Firm, reach out to schedule a consultation today, or give us a call.