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Home The Law Offices of Stanley R. Brenner

Surrogacy & Infertility Legal Solutions

Modern Family Formation

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Our firm provides the following services for single parents, gay and lesbian single parents and couples who wish to undergo form a family:

  • Legal document preparation and review
  • Fertility clinic document review to ensure parental rights of both parents or a single parent
  • Stepparent Adoptions
  • Co-parenting/Co-maternity/Egg Sharing agreement preparation
  • Communications between parent(s) and fertility clinic
  • Second Parent Adoption & birth certificate amendments

 

Co-Maternity/Egg-Sharing

For Lesbian couples, one partner may choose to donate the egg and the other partner will carry the pregnancy.  All couples creating their family using this process, intend to co-parent the resulting child or children and become two equal parents to the offspring.  However, lesbian couples may face legal challenges in creating their family if documents are not specially tailored for their situation.  For example, most of the fertility clinics that perform the reproduction procedures have agreements and disclaimers that, by default, result in the loss of parental rights for the mother using her egg as she is treated as a “donor” in the documents.  We cannot stress how critical it is for lesbian couples to have the facility and/or clinic documents reviewed and modified for their situation and for the couple to create their own agreement regarding couple’s intent regarding parental rights (we refer to ours as a pre-conception agreement and may also be known as a co-parenting agreement, co-maternity agreement or egg sharing agreement).

Prior to the in-vitro process, our firm will review and modify all forms necessary to be executed for the fertility clinic.  We will directly communicate with the fertility clinic to ensure that the intent of the couple will be properly documented for legal purposes.

Our pre-conception agreement will be prepared and executed prior to the in-vitro process.  The agreement will include provisions regarding the intent of the parties, the equal parental rights and responsibility of the parties, intended subsequent second parent adoption, disposition of embryos, death or separation of a parent and any other issues specific to the couple.  Most fertility clinics will not begin the process without an agreement of this type.

After the birth of the child or children, our firm finalizes the parties’ intent by obtaining a second parent adoption from the Court, which includes an amended birth certificate with both mother’s names.

Gay Couple Family Formation using a Carrier

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For Gay Couples, an embryo may be created using donated egg and one partner’s sperm for use in a Surrogate. Another option is for couples to each create an embryo with their own sperm in hopes to create two children, one each having a genetic connection to each father. All couples creating their family using this process will utilize a Gestational Carrier through the in-vitro process.

Clearly the couples intend to co-parent the resulting child or children and become two equal parents to the offspring. However, gay couples may face legal challenges in creating their family if documents are not specially tailored for their situation. We cannot stress how critical it is for gay couples to have the facility and/or clinic documents reviewed and modified for their situation and for the couple to create their own agreement regarding couple’s intent regarding parental rights (we refer to ours as a pre-conception or co-parenting agreement.

Prior to the in-vitro process, our firm will review and modify all forms necessary to be executed for the fertility clinic. We will directly communicate with the fertility clinic to ensure that the intent of the couple will be properly documented for legal purposes.

Our pre-conception agreement will be prepared and executed prior to the in-vitro process. The agreement will include provisions regarding the intent of the parties, the equal parental rights and responsibility of the parties, intended subsequent second parent adoption, disposition of embryos, death or separation of a parent and any other issues specific to the couple. Most fertility clinics will not begin the process without an agreement of this type.

After the birth of the child(ren), our firm finalizes the parties’ intent by obtaining a second parent adoption from the Court, which includes an amended birth certificate with both Father’s names.

Single Parent Family Formation

For Single Men, an embryo may be created using the Intended Parent’s sperm (or donated sperm) and a donated egg for use in a Carrier through the in-vitro process.

For Single Women, an embryo may be created by using the Intended Mother’s egg (or a donated egg) and donated sperm which she can carry or for use in a Carrier through the in-vitro process.

The Single Parent may face legal challenges in creating their family if documents are not specially tailored for their situation. We cannot stress how critical it is for Single Intended Parents to have the facility and/or clinic documents reviewed and modified for their situation.

Prior to the in-vitro process, our firm will prepare and review the legal documents necessary, including the review and modification of all forms necessary to be executed for the fertility clinic. We will directly communicate with the fertility clinic to ensure that the intent of the Intended Parent will be properly documented for legal purposes.

• The legal agreement between the Single Parent, egg/sperm donor and/or Carrier will be prepared and executed prior to the in-vitro process. The legal documents and procedures are similar to those of a Surrogacy, but need to modified for the single parent. We provide the single parent with all necessary legal services and legal representation that may be needed to help that parentestablish their legal rights to their child

• After the birth of the child, our firm finalizes the Intended Parent’s parental rights with the Court, which includes an amended birth certificate with the Intended Parent’s name.