Assisted Reproductive Technology (ART)
Assisted Reproductive Technology (ART) encompasses a variety of medical procedures and techniques designed to help individuals and couples achieve pregnancy when natural conception is not possible or has proven difficult. Common ART methods include in vitro fertilization (IVF), egg and sperm donation, embryo freezing, and surrogacy arrangements
Who Uses ART?
ART is used by a diverse range of individuals and couples, including but not limited to:
- Couples facing infertility issues: ART can help those with medical conditions like blocked fallopian tubes, low sperm count, or hormonal imbalances. However, it is important to meet with a qualified doctor to determine your particular medical needs.
- Same-sex couples: Lesbian, gay, and transgender couples often turn to ART to grow their families.
- Single individuals: Single individuals desiring parenthood can use donor sperm, eggs, or embryos to expand their family and have children.
- Individuals with genetic conditions: As medical science evolves, people’s awareness of genetic conditions is increasing. Those with genetic disorders may use ART, with genetic screening, to minimize the risk of passing on inherited conditions to children.
When do People Turn to ART?
ART is considered by couples and individuals who have either previously had difficulties expanding their family, or cannot grow their family by traditional methods.
Previous Struggles with Fertility
Often, couples who have been trying to conceive traditionally for an extended period of time, without success, will consult with a fertility specialist to understand if a traditional pregnancy is viable, or if certain ART methods can help foster a viable embryo to be used, either by implanting in the biological mom’s uterus, or in a gestational surrogate’s uterus. Additionally, many women struggle with miscarriages after having a viable embryo attach to their uterine lining. If a woman has had multiple miscarriages, or struggles with age-related fertility decline, ART and fertility specialists can provide insight into their fertility concerns and provide alternate routes to growing their family, if necessary.
Medical and Lifestyle Concerns
In addition to having previous struggles with fertility, many women have medical conditions which may impact their ability to carry a child through pregnancy. Some medical conditions which can lead to issues with fertility are endometriosis, or polycystic ovary syndrome (PCOS). Alternatively, previous medical procedures can require the removal of reproductive organs, or impact the functionality of reproductive organs, such as ovarian and uterine cancer, testicular cancer, chemotherapy and radiation treatments, and over-use of pharmaceutical drugs.
How is ART Used?
ART procedures are tailored to the specific needs of individuals and couples. While not an exhaustive list of the available ART methods, some common techniques include :
- In Vitro Fertilization (IVF)
- The most widely know ART method, IVF involves retrieving eggs and sperm, fertilizing them in a lab, and then transferring the resulting viable embryos into a uterus.
- Intracytoplasmic Sperm Injection (ICSI)
- ICSI is often used alongside IVF and involves injecting sperm directly into an egg, increasing the chances of fertilization, especially for those with male factor infertility.
- Egg and Sperm Donation
- Donated eggs or sperm are used when one or both partners are unable to produce viable gametes. Donors can by anonymous or known, depending on the particular arrangement of the intended parents.
- Gestational Surrogacy
- In gestational surrogacy, an embryo created via IVF is implanted into a surrogate, who carries the pregnancy for the intended parents.
- Embryo Cryopreservation
- Excess embryos from an IVF cycle can be frozen for future use, allowing individuals to attempt pregnancy at a later time without undergoing additional stimulation cycles.
- Fertility Preservation
- Similarly to embryo cryopreservation, eggs and sperms can be frozen to preserve fertility. This is can be done for either medical or personal reasons.
Legal Implications of ART in New York State
New York State has comprehensive and evolving laws governing ART to ensure ethical practices and protect all parties involved. Understanding these legal implications is critical for anyone pursuing ART in New York.
- Gestational Surrogacy
- New York’s Child-Parent Security Act (CPSA), enacted in 2021, legalized compensated gestational surrogacy. The CPSA provides a legal framework for surrogacy agreements and ensures protections for intended parents, surrogates, and children.
- Under the CPSA, gestational surrogates must meet strict criteria, including independent legal representation and comprehensive health insurance.
- Parental Rights
- Establishing parentage is a critical legal step, especially for non-biological parents or same-sex couples. The CPSA allows intended parents to obtain a pre-birth parentage order, ensuring their rights are recognized immediately upon the child’s birth.
- Donor Agreements
- Clear, legally binding agreements with sperm, egg, or embryo donors are essential to define rights, responsibilities, and anonymity preferences.
- Privacy and Confidentiality
- ART records and donor information are governed by strict confidentiality rules, protecting the identities and privacy of all parties involved.
- Ethical Considerations
- Legal frameworks in New York emphasize ethical practices, ensuring informed consent, fair compensation, and the well-being of surrogates and donors.
Why You Need a Fertility Lawyer
The legal landscape surrounding ART is complex and can vary from state-to-state. In New York, the involvement of a skilled and experienced fertility lawyer is essential to navigate these challenges and ensure a smooth process. Here are some of the key things an experienced surrogacy and fertility lawyer can help you with:
- Compliance with Laws
- ART procedures must strictly adhere to New York State laws, particularly for surrogacy agreements, donor arrangements, and establishing parentage.
- Protection of Parental Rights
- Fertility and surrogacy lawyers help to secure pre-birth parentage orders and other legal documents that ensure your parental rights are recognized from the start.
- Clear Contracts
- Lawyers draft and review contracts with surrogates, donors, and clinics to minimize risks and clarify expectations for all parties.
- Conflict Resolution
- In the event that a dispute arises, an experienced lawyer will mediate and advocate for your interests.
- Peace of Mind
- ART is an emotionally significant process. A fertility lawyer provides guidance and reassurance, allowing you to focus on building your family.
Assisted Reproductive Technology, or ART, offers life-changing opportunities to those who may face challenges building a family. However, in New York, pursuing ART requires careful understanding of legal, medical, and ethical considerations. Whether you are exploring IVF, surrogacy, or gamete donation, partnering with an experienced fertility lawyer is crucial. They will ensure your rights are protected, your contracts are enforceable and legally sound, and most importantly, that your legal journey to parenthood is as seamless and joyful as possible. By understanding the legal aspects of ART, you can embark on this transformative journey with confidence and clarity.