Brooklyn Assisted
Reproduction Lawyer

Assisted Reproduction for Brooklyn & NYC Families 

Families looking to undergo assisted reproduction are going through an exciting time and anticipation of welcoming a child. 

At the same time, there are many questions you may have about what the process looks like and how to make sure your rights remain intact. 

There are many reasons Brooklyn families might seek assisted reproduction, including egg donation, sperm donation, embryo donation, surrogacy, or reciprocal IVF. 

Some families, like LGBTQ+ families, may turn to assisted reproduction using either a known or unidentified (or partially anonymous) donor to provide genetic material. 

Other families may feel scared or have difficult feelings about the need to turn to a donor to grow their family—including parents who have conditions related to low sperm count, diminished ovarian reserve, endometriosis, a risk of passing on a genetic condition to a future child, or any number of other medical hurdles.

It is important to remember—and to work with providers who strongly reinforce—that there is absolutely no shame in choosing this path and there are resources available for families who are struggling.  At Expand Law, Lindsey Rubinstein deeply honors your unique experience and is able to guide you through the legal framework involved in this decision.

Whether you are looking for sperm or egg (gamete) donation, embryo donation, or surrogacy, it is important that you work with a competent, experienced lawyer prior to conception to ensure your parental rights are preserved and you can build a strong foundation for your family.

Expand Law works with families at all stages of the process of conception through Assisted Reproduction Technology (ART), providing compassionate, knowledgeable, affordable, and inclusive services at every step of the way.

Valid Donor Agreements in New York

A donor agreement is a legal document that identifies the intended parents of a child that may result from a gamete (sperm or egg) or embryo donation, as well as the rights and responsibilities of the intended parents and the donor.

Donor agreements are important and powerful tools.  In many states, the default law may consider the donor to be the ‘legal’ parent of the child because of the genetic link.  Donor agreements establish the donor’s donative intent to provide necessary genetic material without seeking parental rights over the child.  They also establish intent-based parentage, meaning that the people who intend to parent the child are the child’s legal parents.

These agreements are important particularly for families conceiving with a known donor, which is a person known to the family and perhaps even an extended family member or loved one.

Even if the known donor is intended to be involved in the life of the child, asking them to sign a donor agreement protects both the donor and the intended parents.  For the donor, the agreement protects them from a risk of being ordered to pay child support or otherwise contribute financially in the event of separation of the intended parents, death, or other unforeseen circumstance.  For the intended parents, it insulates them from a potential claim from the donor or another family member that the donor should be granted custody over the child in similar unforeseen circumstances.

Donor agreements typically include:

• a relinquishment of parental rights from the donor (including residence/custody, visitation, and decision-making authority);

• an assumption of parental rights from the intended parents;

• intentions for how to handle any unused embryos or genetic material, if applicable;

• statements related to privacy and confidentiality, which deal with how future contact may be handled and how much identifying information is shared with the child, and at what age; and

• statements identifying the financial terms of the donation, reimbursement of medical expenses and legal fees, as well as releasing the donor from any potential child support obligation.

The donor agreement should also require the donor to provide a complete medical history and undergo health and fertility screening, including STI testing and genetic carrier testing.  It should also include a commitment from the donor to inform the intended parents of any significant changes in their health status that could affect the child.

How Attorneys Help NYC Families Seeking Surrogacy

Many families and single people turn to surrogacy for any number of reasons in helping them grow their family.

Gestational surrogacy refers to a pregnancy in which the person carrying the child and the child have no biological relationship.

If you are an individual or family going through surrogacy, it is imperative that you consult an experienced, compassionate, and discreet attorney to help you through this process to protect you, your surrogate, and the child.

Gestational surrogacy involves a team including:

• The surrogate;

• A fertility clinic;

• A donor or donors of sperm, egg, or embryo;

• A matching agency for surrogates and donors;

• Medical professionals; and

• An attorney who can help you locate members of this team that are friendly to your family’s unique situation.

After matching of the donor(s), carrier, and intended parents, these people also then undergo medical and other screening.  After the screening comes back clear, it is time to enter an agreement committing each party to certain rights and obligations.

The surrogacy agreement includes financial terms such as fees covered by the intended parents for the carrier (as well as terms related to how and when these fees are paid), health insurance, life insurance, restrictions on certain lifestyle activities or travel, parentage, privacy, confidentiality, and terms for dealing with potential unforeseen circumstances such as a pregnancy resulting in multiples.

Legal Help for Brooklyn and NYC Parents After Birth 

After you have gone through conception and pregnancy with the proper documents in place, it will be Lindsey Rubinstein’s distinct pleasure to help you through the process of obtaining a judgment of parentage or second-parent adoption.