ADOPTION & ART ATTORNEYS IN MARYLAND, DISTRICT OF COLUMBIA & VIRGINIA
Assisted Reproductive Technology Law (also called ART, assisted reproductive technology, collaborative reproduction or third-party reproduction) is a family-building option where a third-party is involved in helping a parent or parents build or grow their family with medical intervention.
Assisted Reproduction Services in Maryland, Virginia and Washington, DC
ART can involve a gestational carrier, an egg donor, embryo donor or sperm donor or all of these. Because of the legal issues involved in third-party reproduction, it is important to work with a knowledgeable attorney and that all parties involved have their own attorney. When working with an agency, it is prudent to also have a private attorney as the agency or program does not represent either party in a donor or surrogacy arrangement.
District of Columbia and the State of Maryland
In assisted reproduction technology cases, often you will need to obtain a birth order so that the intended parents’ names will be on the original birth certificate. This would be in the case of any gestational carrier arrangement in the State of Maryland or the District of Columbia, including one involving single men or a same sex couple. This is usually done as a pre-birth process. The court order will determine legal parentage for the child and will also direct the hospital and/or state department of vital records to place the intended parents’ names on the birth certificate of the child the gestational carrier delivers. The process to obtain a birth order should begin when your gestational carrier is about four months pregnant to ensure there is enough time to obtain a birth order before the child is born. In the event the child is born before the pre-birth order is obtained, a post-birth order can be obtained to reflect the intended parents' names on the birth certificate.
Virginia
In Virginia, the process is a birth certificate amendment process where the gestational carrier and intended parents sign documents 72 hours after the child's birth. The documents are submitted to the Virginia Department of Vital Records to name the intended parents on the birth certificate. Once this is completed, the intended parent's name is placed on the birth certificate. There is no court order in this process in Virginia.
Similarly, the firm will prepare or assist in the preparation of necessary paperwork in cases where affidavits and other documents are necessary in a particular state in order for the names of the intended parents to appear on the birth certificate. We provide legal services to
Surrogates and Intended Parents.
WHAT IS A BIRTH ORDER?
If you are using a gestational carrier, a birth order is usually obtained within a couple months before the baby is due and establishes parentage at the time of the child's birth. If you are using a traditional surrogate, she will have to consent to the adoption after the birth so a pre-birth order is not an option.
WHAT IS A.R.T. LAW?
At times, couples cannot become pregnant without specialized medical care. Assisted reproductive technology (ART) procedures are advanced technologies to help couples become pregnant. In vitro fertilization (IVF) and related procedures are also known as ART and are being used more frequently as they become safer and more effective. Attorneys who practice ART law assist intended parents, donors and gestational carriers in advising and preparing legal contracts, obtaining birth orders and ensuring legal parentage is established.