Building your family through assisted reproductive technology (ART) is an exciting journey. Whether you’re pursuing IVF with a donor, embryo donation, or gestational surrogacy, clear legal agreements are essential to protect everyone involved—and to ensure your parental rights are secure from the start. Unfortunately, many intended parents, donors, and surrogates underestimate how critical these agreements are, or they assume “standard paperwork” from a clinic is enough. Here are the top five mistakes to avoid in ART agreements—and how to do things the right way. 1. Using Only Clinic Forms Instead of Custom Agreements Fertility clinics often provide consent forms, but these are not legal contracts. Clinic forms cover medical procedures—not parental rights, responsibilities, or future disputes. What to do instead: Always work with an experienced ART attorney to draft agreements tailored to your family’s unique situation and compliant with local laws. 2. Ignoring State-Specific Requirements ART law varies widely from state to state. Maryland, Virginia, and Washington, DC each have their own laws about surrogacy, donor agreements, and parentage orders. Using an agreement designed for another jurisdiction—or skipping legal review altogether—can leave your parentage uncertain. What to do instead: Choose an attorney who practices in the state where your child will be born or where your procedure takes place to ensure full legal recognition. 3. Failing to Address Future Issues What happens to unused embryos? What if a donor wants future contact—or none at all? What if a surrogate is placed on bed rest? Leaving these questions unanswered now can lead to disputes later. What to do instead: Make sure your agreements address every foreseeable issue, from medical decisions during pregnancy to future communication preferences. 4. Waiting Too Long to Get Legal Advice Some families wait until after treatment has started to contact an attorney. By then, it may be harder to resolve problems or meet court deadlines for parentage orders. What to do instead: Engage legal counsel early to ensure any agreements are in place.. A properly drafted agreement should be signed and finalized before donations occur, insemination occurs or embryos are transferred. 5. Not Securing a Parentage Order Even with a solid donor or surrogacy agreement, you may still need a court order confirming parental rights. Without it, you could face issues with birth certificates, travel, or even medical decision-making for your child. What to do instead: Ask your attorney whether a pre-birth or post-birth parentage order is required in your jurisdiction or if an adoption is recommended—and don’t skip this step. Final Thoughts Assisted reproductive technology makes parenthood possible, but the law is what makes parenthood secure. Avoiding these common mistakes will save time, money, and stress—and protect your family’s future. At Foster + Bloom Family Formation Law Group , we guide intended parents, donors, and surrogates through every step of the legal process. Whether you need a donor agreement, surrogacy contract, or parentage order, we ensure your rights are clear and your family is protected. Contact Foster + Bloom Family Formation Law Group today to make sure your ART agreements are done right—from the very beginning.

Starting a family through assisted reproductive technology (ART) —whether through IVF, egg or sperm donation, embryo donation, or surrogacy—is one of the most exciting decisions you can make. But along with the hope and anticipation comes an unavoidable question: How much will this really cost? For many first-time intended parents, ART expenses feel overwhelming because the costs don’t come from one single source. Instead, they’re spread across medical procedures, donor or surrogate arrangements, legal fees, and sometimes even travel. Having a clear financial plan upfront helps you stay focused on your goal rather than worrying about the numbers. Why ART Requires a Comprehensive Budget It's tempting to look only at the price of a single IVF cycle or an agency fee, but ART is rarely just one step. The process may include:  Multiple treatment cycles if the first isn’t successful Separate agreements for donors, surrogates, or parentage orders Costs that vary by state law, especially if your clinic or carrier is outside your home state A realistic budget accounts for both expected and unexpected expenses , so you’re never caught off guard. Breaking Down the Major Costs 1. Medical and Fertility Care This typically includes consultations, testing, medications, embryo creation or transfer, and prenatal care for a surrogate. These are the core clinical expenses that vary by treatment plan, insurance and location. 2. Donor or Surrogacy Costs If you’re working with an egg, sperm, or embryo donor—or with a gestational carrier—reimbursement and related expenses must be factored in. 3. Legal Fees ART isn’t complete without legal protections. You’ll need: Donor agreements to establish rights clearly Surrogacy contracts to protect everyone involved Parentage orders to ensure your parental rights are recognized at birth The laws of Maryland, Virginia, and Washington, DC differ significantly, which is why working with an attorney experienced in these jurisdictions is essential to prevent costly delays or disputes. 4. Other Considerations Travel, lodging, agency fees, court filing costs, and even time away from work can add up. Including these in your planning prevents unpleasant surprises. How Legal Planning Saves Money in the Long Run Some families see legal fees as an optional add-on to the medical process—but skipping or delaying legal work can lead to expensive complications: Disputes over parental rights Delays in getting birth certificates Noncompliant agreements that courts won’t honor Engaging an attorney before any procedures begin keeps everything on schedule and ensures every dollar you spend supports your ultimate goal: bringing your child home. Practical Tips for Financial Planning Ask for detailed estimates from every provider—clinic, agency, and attorney. Consider the possibility of more than one IVF cycle and plan accordingly. Review insurance coverage —including supplemental policies for surrogates if needed. Look for employer benefits or financing options that can offset out-of-pocket costs. Build in a legal budget upfront rather than waiting until later in the process. Final Thoughts Budgeting for ART isn’t just about calculating expenses—it’s about peace of mind. When you have a clear understanding of the financial landscape, you can focus on what truly matters: creating your family. At Foster + Bloom Family Formation Law Group , we help intended parents, surrogates, and donors navigate ART with confidence. By clarifying legal requirements early, we help you avoid unexpected costs and protect your parental rights every step of the way. Ready to plan for both the emotional and financial sides of ART? Contact Foster + Bloom Family Formation Law Group to schedule a consultation today.

When you begin your journey with assisted reproductive technology (ART) —whether through IVF, egg or sperm donation, or surrogacy—it may feel like a purely medical process. After all, your first stops are often fertility specialists, embryologists, and clinics. But while science makes ART possible, law makes parenthood secure. The path from clinic to courtroom is where medicine and family law come together. Understanding this intersection is crucial to protecting your parental rights and ensuring a smooth, stress-free experience. Where the Medical Process Ends - and Legal Protections Begin Fertility clinics are experts in medicine, not in law. They focus on the success of your pregnancy, but they do not provide legal advice about parentage, custody, or rights. That’s where an experienced ART attorney comes in. Some of the key points where medicine and law overlap include: Donor agreements: If you’re using donated eggs, sperm, or embryos, you need a clear legal contract establishing that the donor has no parental rights. Surrogacy arrangements: A gestational carrier agreement is essential to protect everyone involved—intended parents, the carrier, and the child. Parentage orders: Courts confirm who the child’s legal parents are, either before or after birth, depending on state law. Without these legal steps, families can face uncertainty—even after a successful pregnancy. Why State Law Matters in ART Every state has different rules governing ART and it is essential for the right state law to apply to your journey to ensure proper legal protections. If you live, work, or seek treatment across state lines, these differences make early legal planning critical . The Courtroom Side of ART You may never physically appear in court, but court involvement is often necessary to finalize your parental rights. This may include: Pre-birth orders: Establishing parentage before the child is born so your names are on the birth certificate from day one and legal parentage is clearly established. Post-birth orders: Used when state law requires confirmation after delivery. Adoption proceedings: Sometimes used to ensure parental rights in cases involving embryo donation or certain donor arrangements. The courtroom isn’t about questioning your parenthood—it’s about securing it beyond dispute. Why You Need a Legal Team on Day One By partnering with an attorney before your medical procedures begin , you can: Ensure contracts comply with local laws. Avoid delays at the hospital or when obtaining birth certificates. Protect your rights as parents, donors, or carriers. Have peace of mind that every step is legally sound. At Foster + Bloom Family Formation Law Group (formerly Modern Family Formation) , we guide clients through every stage of ART —from drafting agreements to securing parentage orders. Final Thoughts Assisted reproductive technology makes parenthood possible. Family law makes parenthood secure. If you’re building your family through ART, make sure you have legal guidance to match the cutting-edge medical care you’re receiving. Foster + Bloom Family Formation Law Group is here to help you navigate both worlds—so you can focus on what matters most: welcoming your child home. Contact us today to learn how we can protect your family at every step of the ART journey.

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.

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.

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.