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Frequently Asked Questions About ART

Assisted reproductive technology and law are complicated areas that require attention. If you need help with expanding your family, then you deserve to get the guidance and insight that is available.

At Nilson Brand Law, we are thorough, compassionate lawyers who are here to help our clients in Fargo and across North Dakota. Assisted reproductive technology (ART) and treatments are extremely high-risk, high-reward situations. We are able to answer all your questions, including those below.

What are the common legal issues involving reproductive technology?

The No. 1 problem with ART is confusion over who has the right to do what in a donorship or gestational surrogacy agreement. Contracts mitigate a significant amount of these legal issues. However, there are some restrictions on enforceability.

Parental rights are also a common problem, and families have multiple options available to address those. The options may vary, but we can look at your individual situation to provide guidance and advocacy.

What are the types of assisted reproductive treatment?

There are many types of assisted reproductive treatment available, and they include:

  • In vitro fertilization
  • Superovulation
  • Intrauterine insemination
  • Gestational surrogacy

There are pros and cons to all of the above methods. The right medical treatment for you is between you and your health care team. However, we can support your choice with legal representation and considerable attention to detail.

Can the same attorney represent both the donor or surrogate and the intended parents?

An attorney’s job is to represent a person’s best interests in negotiation and representation. That is impossible to do when representing both sides of a negotiation. The conflict of interest is simply too high. However, it is still technically possible if both sides sign a waiver.

What is the difference between ‘open’ and ‘closed’ egg donation?

Open and closed egg donations are similar to open and closed adoptions, respectively. An open egg donation means that the donor has ongoing contact with the family and child. Open information is available to the child. A closed egg donation means that the donor’s information is sealed and cannot be accessed and there is no contact between the donor and the child.

What should you look for when choosing an attorney for assisted reproductive technology matters?

The right lawyer for you is one who looks after your interests with compassion, care and experience. They will understand the stakes and the reality of your situation, and they will advocate strongly for you.

That’s who we are. Contact us today by calling 701-864-3417 or sending an email using this form.