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.

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!

In a pregnancy, a gestational carrier has a role similar to a traditional surrogate. The difference is that the gestational carrier is not genetically related to the child. Before pregnancy, an embryo is fertilized using the egg and sperm of the intended parents or of donors the parents choose.

Surrogacy is a complex journey. A successful surrogacy journey takes lots of preparation and may require months of work both before and after the pregnancy.

Second-parent adoptions have been around longer than many people realize because up until 2017, they had not been legalized in all 50 states. DC, for example, legalized second-parent adoptions over 20 years ago, which has led to the establishment of laws to protect all parties involved. Virginia came on board in 2014 for married same-sex couples and although Maryland has been granting second-parent adoptions under case law for over 20 years, the new law that came into effect June 1, 2020 extends those laws to ensure that both married and unmarried couples can take advantage of the law and to allow for expedited second parent adoptions.

The journey of adoptive parents and surrogates can be a long and complex one that requires time and attention. The steps involved are usually put into place to help protect the individuals, including the Child. One of the first steps that happen in the surrogacy process is medical clearance. Learn more about what medical clearance is and why it’s necessary through Intended Parent Legal Services.