Fertility
Law in the U.S.
Fertility
Law in the U.S.
Thanks to the miracle of assisted reproductive technology, more people than ever before are pursuing dreams of becoming parents. As a father of twin boys via egg donation and surrogacy, I discovered a passion for helping make the process easier for other families like mine. I founded International Fertility Law Group to focus exclusively on fertility law.
As the effectiveness and availability of advanced assisted reproductive technology has improved over the past decade, we at International Fertility Law Group have been privileged to help thousands of intended parents from all over the world realize their dreams of parenthood.
But the rapid technological advancement in the field of ART, as well as societal change such as legalized same-sex marriage, have also resulted in broad discrepancies in laws from state to state, as jurisdictions struggle to adapt. In some parts of the country, laws regulating fertility services, surrogacy and parentage, based on model legislation from the American Bar Association, are in place. In other jurisdictions, attorneys and courts must rely on case law. Some states still ban compensated surrogacy or place severe restrictions on who is eligible to participate.
That’s why it is essential that you and your attorney are familiar with and take into consideration the laws of the jurisdiction where your surrogate lives, where your baby will be born, and where your family will reside. At IFLG we have built an extensive, nationwide network of highly qualified consulting and affiliated attorneys, so that we can guide you in making the best decisions and plans for your return home with your baby and your family’s future.
Click HERE now to schedule your free initial consultation.
Domestic Clients
Step-By-Step
EGG, SPERM or EMBRYO DONATION:
Apply Steps 1-3 Only
SURROGACY:
Apply Steps 1-2 and 4-6 only
Talk to an IFLG Attorney
We Offer a Free Consult
At IFLG, we offer a free initial consultation, which will help orient you to the assisted reproductive technology (ART) process, the services we provide, and payment options. Once we have received your signed retainer agreement, you will be under the protection of attorney-client privilege, and we can begin representing you.
Client Intake
Process
One of the most important steps you will take in retaining ART legal services is to complete a detailed client intake form and answer all questions as completely and accurately as possible. Your attorney must understand the specifics of your situation in order to develop the most effective strategy for managing your case.
During the intake process, you will be asked your place of residence and where you hold citizenship, the surrogate’s state of residence, your marital or relationship status, whose genetics are being used, and where you and your family plan to live following the birth. We will ask for copies of certain identifying documents for your legal case file. All of this detailed information will be used to determine what legal measures must be taken to ensure your parental rights and the security of your family. If you are already working with a fertility clinic or donor/surrogacy agency, some of this background information will already have been gathered.
Execute Customized Donor
Agreement (As Applicable)
For intended parents who are using sperm, egg or embryo donation to conceive, a properly executed donor agreement is essential.
Many of our clients are already working with a licensed fertility clinic or surrogate/donor agency when they come to us. If you have not already selected an agency or clinic, we can refer you to an experienced, reputable provider.
The donor agreement will document that intended parents are the legal parents and that the donor is not the parent. The agreement will establish whether and how intended parents will remunerate the donor and how intended parents will cover all associated medical expenses. Our experienced IFLG team will work with you to create an agreement customized for your family and situation that ensures all parties are protected in this extremely intimate, collaborative relationship between intended parents and donor.
After the contract documents are properly executed, IFLG will issue legal clearance to your physician, and you can proceed with the appropriate medical cycle.
Execute Customized Surrogacy
Agreement (As Applicable)
Often our clients have already been matched with a surrogate before retaining our services, usually with the help of an experienced surrogacy agency. During the matching process, the surrogate and intended parents undergo criminal background checks as well as medical and psychological screening. Intended parents and surrogate meet and determine whether they are comfortable going through the lengthy and intimate process of assisted reproduction together, taking into consideration personal feelings and beliefs about selective reduction of embryos, termination for medical reasons, the type of relationship that will best suit them, and attitudes toward single and LGBT parents, if pertinent. Ideally, intended parents and surrogate have discussed and resolved most of these issues before we begin drafting the agreement.
The surrogacy agreement will document all parties’ obligations and rights under the agreement, including establishing the parentage of the intended parents, payment of surrogate fees and expenses, surrogate behavior during pregnancy, where delivery will occur, and remedies for breach of contract. During the drafting, negotiation and finalization of the surrogacy agreement, the parties should be represented by separate legal counsel. After the contract documents are properly executed, IFLG will issue legal clearance to your physician, and you can proceed with the appropriate medical cycle.
Plan Ahead For Your
Family's Future
As a parent with a new baby on the way, it’s important to consider the future. Arrangements for guardianship of the infant in the event of parental death should be part of any surrogacy arrangement. Depending on your family’s specific circumstances, it may be advisable to update your will or establish trusts, and to draw up embryo disposition agreements to formally document your wishes regarding future use and disposition of any remaining embryos. Our experienced team will work with you to draft guardianship documentation or refer you to expert legal counsel to draw up your full estate planning portfolio to ensure your family’s security.
Similarly, advanced healthcare directives and healthcare powers of attorney will be drafted for your surrogate to sign so that you can make medical decisions for the baby (to the extent such decisions do not put your surrogate in harm’s way), speak directly to her doctors, access medical records and be present for medical appointments and delivery.
For more detailed information, see our Family Planning Documents HERE.
Establishing
Parental Rights
The process for establishing parental rights varies widely depending on the state where the birth occurs. Some states allow you to obtain a parentage order prior to the birth (“pre-birth order”) establishing the intended parents’ parental rights immediately at birth. Other states require parents to wait until after the birth to get the parentage order (“post-birth order”); still others require both a pre-birth order validating the surrogacy agreement coupled with a preliminary parentage order and a final post-birth order confirming parental rights. It is important to understand, however, that even within the same state, court and vital records requirements may vary from county to county.
IFLG will coordinate the legal aspects of the upcoming birth with the birth hospital and provide a copy of the court order once available. Then the hospital birth certificate clerk will prepare paperwork to register the birth of the child and send this paperwork, along with the court order, to the state’s vital records office where the birth certificate is printed.
What We Do
Click on the icons below to learn more about our suite of services designed to support you and your family through all aspects of the assisted reproduction process, from egg or sperm donation to your baby’s birth certificate.
Contact Us
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Peiya Wang joined IFLG as a paralegal in 2015, where she manages surrogacy, egg donation and parental establishment cases and provides translation services for many of IFLG’s international clients. Peiya moved to the United States in 2012 to attend Northeastern University in Boston, Massachusetts, receiving a Master of Science degree in Global Studies and International Affairs in 2014. Peiya moved to Los Angeles in 2015, received her paralegal certification from UCLA Extension, and obtained her second Master of Science degree in Legal Studies from Loyola Law School. Peiya relocated back to her hometown, Beijing, China in 2019 and works from IFLG’s Beijing office. When away from the office, Peiya is a dragon boat paddler and a ballroom dancer, where she favors Rumbas and Cha-chas. She is fluent in Mandarin and English.
Luis R. Sosa joined IFLG as a paralegal in 2016, where he enjoys pursuing his passion for family and reproductive law. While working toward his bachelor’s degree at Florida International University which he received in 2013, Luis worked as a paralegal and legal assistant for family law litigation firms in Miami and Washington, D.C. As a paralegal and case manager for IFLG, Luis, who is bilingual in English and Spanish, manages surrogacy, egg donation and other reproductive law cases. Luis has worked for IFLG in both Los Angeles as well as San Francisco, and is currently based in Dallas, Texas. In addition to spending time with husband Randy and dog Marty, Luis enjoys being outdoors and appreciating the arts.
After receiving her B.S. in Business Management, Toni joined IFLG to pursue her dream of working in the legal field. As a Paralegal with over 10 years of experience in the assisted reproduction technology field, Toni is our Managing Paralegal, responsible for training and managing our paralegal staff. From drafting legal documents to assisting our clients with post-birth matters, Toni embraces the challenge of learning something new in this field each day. Besides spending time with her son, Jordan, Toni enjoys exploring new things, cooking, spending time with family and friends, and serving as a Youth Advisor for “Next Generation.”
Kim has over 30 years of experience in the legal field and has worked exclusively in surrogacy and assisted reproduction law since 1999. Kim is a senior case manager responsible for managing parental establishment cases and interacting with IFLG’s Of Counsel attorneys across the country. With three children of her own, Kim understands the importance of family and finds working in this area of law a rewarding experience.
Attorney Rich Vaughn combined his personal passion as a father of twin boys born via assisted reproductive technology (ART) with more than 20 years of experience in business and technology law to build International Fertility Law Group. Today IFLG is one of the most successful and best-known law firms in the world focused exclusively on fertility law, helping thousands of intended parents through empathetic listening, compassionate guidance, and unmatched legal expertise. As an advocate for reproductive freedom, Rich also contributes his knowledge and time to improving the understanding and practice of ART law, most recently as a founder of and speaker at the first Cambridge University International Surrogacy Symposium held in June 2019, as immediate past chair of the American Bar Association ART Committee, and as a popular presenter to law schools, faculty and advocacy organizations all over the world.
Elizabeth received her Bachelors of Science degree in Criminal Justice from California State University of Los Angeles. Shortly after graduating, she continued her education at the University of California, Los Angeles where she obtained her Paralegal certificate. Elizabeth is fluent in Spanish and has been in the legal field since 2009. She is excited to be a part of the IFLG Team helping families realize their dreams.
Sunny joined IFLG as a paralegal in 2017, where she manages surrogacy, egg donation and parental establishment cases for many of IFLG’s international clients. She holds a Bachelor of Arts degree in Philosophy from California State University of Los Angeles, where she graduated cum laude. Sunny is bilingual in English and Mandarin and has extensive experience as a legal assistant and paralegal at Los Angeles-area law firms. She is excited to be part of the IFLG team. In her spare time, Sunny enjoys spending time with her family and their dog, going to the beach, cooking, and being outdoors.
5757 Wilshire Blvd., Suite 645
Los Angeles, CA 90036
Phone: +1 323 331 9343
Email: info@iflg.net
Website: www.iflg.net
501 Fifth Avenue, Suite 1900
New York, NY 10017
Phone: +1 844 400 2016
Email: info@iflg.net
Website: www.iflg.net
Fertility law attorney Molly O’Brien began working in the field of assisted reproduction technology (ART) in 2005, at an egg donation agency and a surrogacy agency where she became familiar with all aspects of in-vitro fertilization, egg donation and the financial aspects of surrogacy. Since becoming an attorney in 2011, Molly has drafted and negotiated surrogacy, egg donation, sperm donation embryo donation agreements for hundreds of her clients all over the world.
Rubina has an extensive background in the legal field as a paralegal in Family Law and has worked in surrogacy and assisted reproduction law since 2012. Her area of focus is in managing and assisting clients with surrogacy, egg donation, and parental establishment cases for many of IFLG’s domestic and international clients. During her spare time, Rubina enjoys spending time with her family and dog Bella, traveling and cooking.
Alexander joined IFLG as a legal assistant in 2019, where he manages surrogacy, egg donation and parental establishment cases. Alex is bilingual in English and Spanish and has been in the legal field for 23 years. Alex is excited to join the IFLG team and pursuing his will to help others in the reproductive law process. In his spare time he loves spending time with his family and friends, being outdoors, road trips, loves music and dancing.
After receiving her paralegal certificate in 2005, Cara began working in assisted reproductive law. During the fifteen years Cara has worked in this field, she has gained a wide range of experience and knowledge that she uses to help better assist clients and those involved in the assisted reproductive journey. Cara’s primary roles involve managing parental establishment matters and coordination with IFLG’s Of Counsel attorney network, drafting contracts and parental establishment court documents and providing support to other team members. Cara finds great joy in being a small part of a team of caring people who help others achieve their dream of having a family. In her spare time, Cara enjoys spending time with her husband and three children, watching her children play the sports they love, and she enjoys, running, cycling and exploring the outdoors in the sun.
Stephanie received her BS in History and Political Thought from Concordia University Irvine in 2015 and her Paralegal Certificate from University of San Diego later that same year. She has been working as a Paralegal since 2016 in Family and Reproductive Law. She is excited to be part of International Fertility Law Group working on managing Surrogacy, Egg donation and Parental Establishment Cases.
With more than 20 years of experience in the field of accounting, Trish joined the IFLG team in 2019 as Assistant Financial Coordinator. Her client-facing focus at IFLG is to assist with all client trust accounting. Trish is the mother of two daughters and enjoys spending time teaching and learning new things from them. In her free time, she loves long walks in the park and reading suspense and mystery novels.
Katie is a Senior Paralegal with IFLG and has dedicated over sixteen years to the areas of surrogacy and reproductive law. She received her Paralegal Certificate from Coastline Community College and has worked with some of the top law firms in the assisted reproduction community. Katie is also a commissioned Notary Public. With IFLG, Katie manages Surrogacy, Egg Donation, and Parental Establishment cases and provides support to other IFLG team members. Katie truly enjoys helping others build their families through assisted reproduction and is thankful she has had the rewarding experience of assisting IFLG clients. Katie often spends her free time with her Husband, four young children and her bulldog “Bella”.
Elsa joined IFLG as a Legal Assistant in 2019, bringing more than 35 years of experience working in the legal profession (concentrating in tort and litigation matters). At IFLG she assists surrogates with their surrogacy and parental matters. The oldest of five siblings, born and raised in East Los Angeles to Mexican immigrant parents, Elsa loves “seeing the beauty of families forming” through assisted reproductive technology. She and her husband Carlos have four children and one grandson. Elsa enjoys jazz and ’80s music, being outdoors in nature, collecting teacups and tea pots, and spending time with her close-knit family.