Family Formation Blog
Assisted Reproductive Technology (ART)
Building a family isn’t always straightforward—and that’s okay. Today, more people than ever are turning to assisted reproductive technology (ART) to help make parenthood possible. But if you’re hearing terms like IVF , gamete donation , or gestational surrogacy for the first time, it can feel overwhelming. This guide will help you understand what ART is, how it works, and why working with the right legal team is essential. What Is Assisted Reproductive Technology? Assisted reproductive technology (ART) is an umbrella term for medical procedures used to help people conceive a child when natural conception isn’t possible or practical. These procedures may involve handling eggs, sperm, or embryos outside the body to achieve pregnancy. Common types of ART include: In Vitro Fertilization (IVF): Eggs are fertilized in a lab to create an embryo to be transferred to the uterus. Egg or Sperm Donation: Donor gametes help intended parents who can’t use their own. Embryo Donation: A donated embryo is implanted in the uterus. Gestational Surrogacy: Another person carries a pregnancy for the intended parent(s) using their egg, sperm, or donor material. Who Uses ART? ART is used by a wide range of families, including: Couples facing infertility Single parents by choice LGBTQ+ couples building families Individuals preserving fertility before medical treatments Families who want to use genetic material from a donor or surrogate No two family-building journeys are the same—and that’s part of the beauty of ART. Why is Legal Guidance So Important? While ART offers hope and opportunity, it also raises complex legal questions that must be addressed before treatment begins. Without clear agreements and proper legal protections, issues can arise over: Parental rights: Who is recognized as the legal parent(s)? Donor agreements: What are the rights and responsibilities of egg, sperm, or embryo donors? Surrogacy contracts: How are intended parents and gestational carriers protected during the process? Parentage orders: When and how can your parentage be confirmed—before or after birth? The laws governing ART vary widely by state, which makes working with attorneys experienced in Maryland, Virginia, and Washington, DC essential. At Modern Family Formation, we help intended parents, donors, and surrogates navigate these legal steps with confidence, ensuring everyone’s rights are clear and protected. Your Next Steps as a First-Time Parent If you’re considering ART, here’s how to start your journey: Learn about your medical options by consulting a trusted fertility specialist. Discuss your goals and concerns openly with your partner, family, or support system. Work with an experienced ART attorney early to ensure agreements are in place before any procedures begin. Understand your timeline and budget , including medical, legal, and logistical costs. Final Thoughts The decision to become a surrogate carries great responsibility alongside its great rewards. Balancing compassion for the intended family with a strong commitment to one's own well-being is paramount. It's about creating life and joy within structured boundaries—one of the most beautiful endeavors a person can undertake. Ready to start your journey? Contact Modern Family Formation today to schedule a consultation.
In the journey of family-building, assisted reproduction technology (ART) offers a beacon of hope for many intended parents.
When they want to grow their family, many aspiring parents use a surrogate. A surrogate carries a baby to term on behalf of the parents. Upon birth, paperwork is filed to transfer all rights to the parents.
When you are using the help of a surrogate to grow your family, having a good relationship is key. Most surrogates are retained through a private service that makes introductions between surrogates and the prospective parents. There may be several rounds of interviews to get to know each other.
A surrogacy arrangement describes any legal arrangement where a surrogate mother carries a pregnancy on behalf of an intended parent or parents. Surrogacy can take many different forms.
A known sperm donor agreement (“KspDA”) is used when prospective parents want to make an agreement with a person known to them for sperm donation services. Sperm donation helps parents conceive in any case where the male partner is infertile or among same-sex female couples.
Even if you know someone who has agreed to serve as a surrogate mother for your future child – and even if that person doesn’t reside in your state – it’s still essential to find an attorney you can trust to help you through the process in your home state.
Egg donation happens when a donor gives her eggs to another person(s) to allow the recipient to become pregnant or to use with a surrogate. An egg donor may be someone known to the recipient or could be connected through the IVF clinic or an Egg Donor Program. To donate, the donor must be given medication to develop multiple eggs over a single cycle.
Surrogacy is a long journey for both the Intended Parents and the surrogate mother. It takes much longer than nine months – many Intended Parents work toward the dream of growing their family for years.
Every surrogacy process needs to include a surrogacy contract. The contract lays out the responsibilities and rights of all the parties to the surrogacy. While the idea of a contract can sometimes be intimidating, it is for the best when everyone knows exactly what to expect!
Wondering about the egg donation process? Here are some common questions and answers.
Although conceiving a child becomes more challenging with age, women of any age or background can experience fertility issues. Infertility may be a problem even when there are no other underlying health conditions. Genetic factors might be at play if a close female relative has had similar concerns.Infertility can be an intimidating problem to face. That said, millions of women all over the United States have successfully conceived after appropriate fertility treatments. Which fertility healthcare approach is right for you will depend on your current health status and goals. Let’s look at the key steps involved in treating infertility: 1. Talk to Your OB/GYN Almost all discussions about fertility start with the OB/GYN. If you currently wish to get pregnant, the American College of Obstetricians and Gynecologists recommends trying for a full year if you are under age 35 and for at least six months if you are over 35.Your OB/GYN will discuss your medical history and any known genetic factors or contributing conditions that may affect conception and pregnancy. Generally, this results in a referral to a fertility specialist. You may see a specialist sooner if you or your partner experience any of the following: ● Problems with sperm quality or motility ● Endometriosis● Uterine, tubal, or peritoneal disease ● Infrequent or absent periods 2. Fertility Specialist Consultation and Screening Before fertility treatments, most patients should undergo a series of screening tests to ensure that no undiagnosed conditions are interfering with conception. Tests will generally be used to rule out PCOS (polycystic ovary syndrome), uterine fibroids, endocrine imbalances, or metabolic issues. Treatment recommendations focus on the findings of these tests and any other known factors. Some of the above conditions are treatable with medication. Others may require surgery. Patients can receive guidance on timing their attempts to conceive so they fall within the maximum fertility window. 3. Infertility Treatment Options In vitro fertilization (IVF) is one of the most common and successful fertility treatments in the U.S. today. However, it is not always the first option explored. Many women opt for intrauterine insemination, or IUI. This involves inserting sperm directly into the uterus at the appropriate time in the woman’s cycle. IUI has a success rate as high as 20% per cycle. However, IUI is much less likely to be effective after the third cycle. At this stage, many women look to IVF. During IVF, medication is used to stimulate the ovaries to produce multiple eggs. The eggs are then retrieved and fertilized in the lab. Finally, the fertilized embryos are re-implanted. When using the patient’s own egg, IVF has an extremely high success rate: ● 35 and under: 48.5% ● 35-37: 47% ● 38-40: 35.8% ● Over 40: 20.1% The likelihood of success continues to grow with multiple cycles of IVF. In a recent study involving 157,000 women with a median age of 35, nearly a third of the participants became pregnant as a result of their first IVF cycle. The success rate was nearly 70% for women who had six IVF cycles. 4. Other Family-Building Options While IVF is the best fertility treatment available for many patients, it is not right for everyone. Some women may not wish to undergo surgical procedures. If this describes you, you might wish to consider other family-building approaches, such as adoption. Every year, thousands of families grow by bringing a child in need of a loving home into their lives. If desired, you can also explore surrogacy. Gestational surrogates may use the father’s sperm, mother’s egg, or both.