Assisted Reproductive Technology (ART) Law
Assisted reproductive technology has expanded how families are built, but it also raises complex legal questions around parentage, contracts, and parental rights that must be addressed before and after a child is born.
At Sasso Guerrero & Henderlite, our family law attorneys help intended parents, donors, and surrogates navigate the legal side of ART, from drafting agreements to securing parentage after birth. We work to protect our clients’ rights and ensure their family-building arrangements hold up legally.
What this service includes
- Gestational surrogacy agreements
- Traditional surrogacy agreements
- Egg, sperm, and embryo donor agreements
- Pre-birth and post-birth parentage orders
- Establishing parental rights for intended parents
- Same-sex and LGBTQ+ family formation agreements
- Embryo disposition and storage disputes
- International and interstate ART arrangements
- Review of fertility clinic and agency contracts
- Disputes involving ART agreements or parentage
Our process
- Case analysis: Review the client’s family-building plans and the parties involved to assess the case specifics.
- Agreement drafting: Draft or review the surrogacy or donor agreement, ensuring it addresses parentage, compensation, and each party’s rights and obligations.
- Independent review: Each party reviews the agreement with independent counsel to confirm it is entered into knowingly and meets Florida’s legal requirements.
- Parentage proceedings: Depending on the arrangement, pursue a pre-birth or post-birth order establishing the intended parents’ legal parentage.
- Final documentation: Finalize and provide clients with all necessary legal documents confirming parentage and, where applicable, an amended birth certificate.
Frequently asked questions
How long does an ART legal process take?
Timelines vary depending on the arrangement. Parentage orders tied to a surrogacy agreement are often resolved around the birth, while complex or contested matters can take longer.
Is surrogacy legal in Florida?
Yes. Florida has a specific statute governing gestational surrogacy agreements, provided certain requirements are met, including eligibility criteria for intended parents and surrogates.
Do intended parents need a court order to be recognized as legal parents?
In many cases, yes. A pre-birth or post-birth order confirms the intended parents’ legal parentage, particularly in surrogacy arrangements.
What happens if a dispute arises during a surrogacy or donor arrangement?
Well-drafted agreements anticipate and address most disputes in advance, but unresolved conflicts may require mediation or litigation to resolve.
Do same-sex couples face different legal requirements for ART arrangements?
The same core legal framework applies, though additional steps, such as second-parent adoption, are sometimes recommended to fully secure parental rights.