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Photo of the attorneys at Nilson Brand Law.

Attorneys Who Give It To You Straight

Assisted Reproductive Contracts

Growing a family is a natural impulse, but it can come with extensive problems for many people. And, while assisted reproductive technology is available, there are glaring, challenging legal gaps in the protections afforded to families. That’s where an assisted reproduction attorney and their skill with contracts becomes necessary.

At Nilson Brand Law, we are dedicated assisted reproduction attorneys with experience in and out of the courtroom. Our clients in Fargo are seeking to do the most natural thing in the world: grow their families. We provide them with the legal foundations and security they need to do that.

Entering A Contract First Is A Necessary Step

Your family must start on a rock-solid legal basis. And while North Dakota law protects you, it cannot protect you without a solid contract in place. We help clients with contracts such as gestational carrier agreements and pre-birth parentage agreements. Below, we’ll look at what we cover with both of these.

Gestational Carrier Agreements

North Dakota’s law permits protections for people seeking a gestational carrier. These individuals are solely there to carry an embryo created from the genetic material of the intended parents.

You can craft an agreement that covers the following concerns:

  • The rights and responsibilities of each party
  • The risks and liabilities for each party
  • Surrogate compensation
  • Delivery plans for the surrogate
  • Contact expectations

However, in addition to the necessary contractual points, this type of contract is only enforceable so long as the prospective parents provide their own genetic material for the embryo.

If they rely on the surrogate to supply the egg, then any contract signed is not enforceable in North Dakota because it is no longer a gestational surrogacy contract.

Pre-Birth Parentage Orders

In another scenario, prospective parents can use some genetic material in a surrogacy that is not theirs, but one of the parents must be genetically related to the child. The most likely scenario here is a sperm donor with a mother’s egg or an egg donor with a father’s sperm. However, there could be a close family donor of either if there are significant fertility issues. We also work with clients to follow through with the termination of a known donor’s parental rights.

The law is not clear about pre-birth parentage orders for people who have no genetic relation to the child. In that case, the most effective option is stepparent or second-parent adoption.

Comprehensive Guidance On High-Stakes Reproductive Issues

The legal side of these technologies is somewhat unexplored. Despite your agreements and intentions, disputes and challenges may arise. You need assisted reproduction attorneys who can craft enforceable agreements and also defend those agreements with years of experience as trial lawyers. That’s who we are.

Contact us at 701-864-3417 or send an email using this form.