Category: Reproductive Law

Ask the Lawyer: Signing Consents

In most states, standard consent forms are sufficient when there is a “presumption of paternity status”, which the courts recognize when there is a traditional relationship of husband and wife. As same-sex couples or unmarried couples begin fertility treatments to have their families, there is no presumption of paternity, so consent of both partners is [...]

Ask the Lawyer: Legal Marriage, Pregnant with New Partner

CAN I BE LEGALLY MARRIED TO SOMEONE AND GET PREGNANT WITH MY NEW PARTNER? The easy answer is yes. Anyone can be married to one person and get pregnant by a new person. However, the difficulty in the law arises in establishing your new partner’s paternity or parentage of their own biological child when you [...]

Ask the Lawyer: Legal Agreements When Using Donor Egg

Q: I am unable to use my own Eggs for IVF. My friend is going to donate her eggs to me so my husband and I will be able to have a child. What kind of legal agreements do we need before we proceed? A: Your generous friend will be considered a known donor. A [...]

Ask a Fertility Expert

Are there any topics or questions about infertility or RMAPA that you would like us to highlight in our future newsletters? Starting in March, we will begin to feature our new Ask an Expert section in our monthly newsletter, which will feature a question or key topic patients are eager to know more about. Please [...]

Ask The Lawyer: Protecting Your New Family

Many families often get so caught up in the process of starting their families by whatever means possible that they may forget an essential piece of the process, estate planning. Estate planning is not only vital in many stages of Assisted Reproductive Technology process but also after a child is born. Such necessary planning may [...]

Ask the Lawyer: What happens to Stored Genetic Material – PART II?

Let's discuss this in the context of a divorce: In Pennsylvania, this particular question has had an impact on the disposition of cryopreserved pre-embryos. In Reber v. Reiss, the Superior Court granted pre-embryos to a divorced spouse to pursue biological parenthood contrary to the biological father's right to destroy the pre-embryos. When a husband and [...]

Fertility Freedom – Making Infertility Treatment Affordable

FEDERAL LEGISLATION In the US Congress, there are currently a number of bills pending legislation that aim to assist with the cost and coverage of infertility and assisted reproductive therapy (ART). The Family Care Act was introduced to the Senate and House of Representatives in May of 2013. Key provisions of the Family Act are [...]

Financing the Road to Parenthood

This article will touch upon financing options such as loans, fundraising, crowdsourcing and applying for grants for families who want to use assisted means to start a family.  Cost of assisted reproduction can range from least invasive and cheaper options such as artificial insemination and a few thousand per round, to more extensive options at [...]

Two Mothers, A Beautiful Family

One wonderful benefit of the increased use of Assisted Reproductive Technology in family formation today is that same sex couples now have an increased ability to conceive children. However, they still face some legal barriers in the recognition of their parental rights in Pennsylvania. As we celebrate Mother’s Day, we highlight a particularly special gift [...]