Practice Areas
Surrogacy and ART
(Assisted Reproduction Technologies)
There are situations where couples find that they cannot conceive a child
and/or maintain a pregnancy. Many of these couples undergo in-vitro fertilizations
treatment and do not succeed. There is yet another choice for these couples
which is “Surrogacy”. The couple retains a surrogate mother to
carry the baby for them and the couple secures the baby after its birth.
If the 
couple
supplies the egg and sperm through in-vitro fertilization, there is never
a question that the biological child is theirs. Problems come about when
a surrogate mother has an egg donor from a third party source and even perhaps
a sperm donor, neither of which is from the couple seeking the child. There
have been cases where the surrogate mother, after giving birth, decides she
wishes to keep the child. All of the risks and benefits must be explained
well to the couple seeking to use the services of a surrogate mother. A surrogacy
contract is required.
The Uniform Parentage Act ( UPA ) which defines and sets out all the terms and conditions of ART and Surrogacy has been adopted by 19 states. You can secure an electronic version of the UPA at http://www.law.upenn.edu/bll/ulc/upa/final2002.htm.
The
Supreme Court of Pennsylvania has approved private ART contracts whereby
the sperm donor makes no claim for parental rights and the mother cannot
seek child support. The implications are far-reaching. Mothers can chose
the sperm donor; same -sex couples and unmarried women have choices as
to parentage.
Surrogacy and ART (Assisted
Reproductive Technologies) FAQs
Surrogacy and ART (Assisted
Reproductive Technologies) Articles
You may also want to visit our Family Law FAQ and Publications pages for additional information.