Assisted Reproductive Technology (ART) And Florida Family Law
Increased use of in vitro fertilization, surrogate parenting and other assisted reproductive technology (ART) for the purposes of giving birth have added a new level of complexity to family law issues. In many respects, the medical capabilities have outpaced the laws that govern them. However, Florida statutes in this area are among the most advanced in the country.
The law firm of Ronald H. Kauffman, A Professional Association, in Miami, is on the cutting edge of Florida law in this area. Mr. Kauffman is thoroughly knowledgeable about the legal issues that arise and the Florida statutes that pertain to these issues.
A proactive approach is a smart step. Parents who are planning to have a child using a third-party collaborator (a sperm donor, egg donor or gestational carrier) would be wise to recognize the legal risks involved and take steps to protect themselves. Women who agree to serve as a surrogate also need legal representation.
Opting for a “do it yourself” contract can be as risky as not having a contract in place at all. The consequences of using an agreement that is not prepared by a knowledgeable lawyer are too severe compared to the reasonable cost of putting professionally prepared legal agreements in place.
Protecting Yourself From Donor Or Surrogate Misconduct
No amount of screening can completely eliminate donor misrepresentation. An egg or sperm donor may ultimately claim parental rights over the child, or it may be discovered that a donor’s statements regarding his or her health history are false.
At this writing, Florida is one of 17 states in the U.S. that permits surrogacy. Florida is unique in that no fee or compensation may be paid to a surrogate. The intended parents typically reimburse the surrogate for living expenses, pregnancy and delivery costs.
A surrogacy agreement can encounter legal snags if the surrogate provides false information or does not adhere to terms of an original contract. We provide comprehensive legal protection to individuals involved in surrogacy, including:
- Preparing or reviewing a surrogacy contract
- Preparing a pre-birth order that defines the rights of the intended parents
- Arranging for disbursement of funds according to terms of a surrogacy contract
- Reviewing and clarifying insurance coverage issues
Contact Family Law Attorney Ronald H. Kauffman Regarding ART In Florida
It is critical to enlist the services of a lawyer who possesses the skills and experience in this highly specialized area of family law. Contact us to schedule a free consultation in which we can review your situation and recommend the best steps to take.