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Assisted reproductive technology (ART) has created new possibilities for individuals and couples pursuing parenthood. Whether your journey involves IVF, donor conception, embryo donation, or surrogacy, having the right legal framework in place is an important part of protecting your future family.

At Foster + Bloom, our attorneys provide the guidance and legal protections needed to support your path to parenthood.

Our ART + Fertility Law Attorneys

Profile Photo of Kelly Dempsey
Kelly Dempsey
Managing Member/Founder
NC
Profile Photo of Janna Annest
Janna Annest
Founding Member
WA
Profile Photo of Mary Beck
Mary Beck
Founding Member
MO
Profile Photo of Joanna Beck Wilkinson
Joanna Beck Wilkinson
Founding Member
AR, IL, KS, MO
Profile Photo of Michelle Evans
Michelle Evans
Founding Member
CA
Profile Photo of Barbara Ginn
Barbara Ginn
Founding Member
FL, OH
Profile Photo of Tifany Markee
Tifany Markee
Founding Member
CA, CO
Profile Photo of Nicole Skellenger
Nicole Skellenger
Founding Member
FL, IN
Profile Photo of Catelyn Slattery
Catelyn Slattery
Founding Member
DC, MD, VA
Profile Photo of Elizabeth Vaysman
Elizabeth Vaysman
Senior Attorney
NJ, NY, PA

ART + Fertility Attorneys and Legal Services

Assisted reproductive technology (ART) can involve complex legal considerations that vary by state and family-building path. Our attorneys provide guidance across a wide range of fertility and reproductive law matters, including:

  • Donor Agreements: We draft and review egg, sperm, and embryo donor agreements that clearly address parental rights, donor intent, and future expectations.
  • Embryo Disposition Agreements: We create legally binding agreements that establish clear instructions for the future use, storage, donation, or disposition of cryopreserved embryos.
  • Fertility Clinic Consent Form Review: We review clinic documents to help you understand their legal implications and ensure your interests are protected before you sign.
  • Parentage Planning: We help intended parents establish and protect their legal parental rights through pre-birth and post-birth parentage orders when available.
  • Posthumous Reproduction Planning: We assist with documenting your wishes regarding the future use of genetic material and related family-building decisions.
  • Risk Mitigation: We identify potential legal issues before they arise and help create agreements and strategies that protect your rights, relationships, and family-building goals.

When Should You Hire a Fertility Attorney?

The best time to involve a fertility attorney is before important decisions are made or agreements are signed. Early legal guidance can help protect your rights and provide clarity throughout the family-building process. Consider seeking legal guidance at the following stages of your journey:

  • During IVF Planning: Before signing clinic paperwork or beginning treatment, an attorney can review consent forms and explain any long-term legal implications.
  • When Using Donors: If your journey involves egg, sperm, or embryo donation, legal agreements should be completed before any medical procedures begin.
  • While Preparing for Surrogacy: Intended parents and surrogates should have legal representation before entering a surrogacy arrangement to ensure all parties are protected.
  • Before Embryo Storage or Transfer: An attorney can help you address important decisions regarding the future use, storage, and disposition of embryos.
  • When Reviewing Fertility-Related Agreements: Any contract involving reproductive technology, parentage, donor arrangements, or embryo ownership should be reviewed before it is signed.

Why Legal Planning Matters Before Fertility Treatment Begins

Many of the most important legal decisions in a fertility journey are made before treatment begins. Establishing clear agreements and expectations early can help protect your rights and provide greater clarity as you move forward. Benefits of proactive legal planning include:

  • Coordination with Your Fertility Clinic: We help ensure legal agreements align with your clinic’s procedures, requirements, and treatment timeline.
  • Clear Expectations: Establishing agreements before conception can help clarify important decisions involving donor arrangements, embryo disposition, parentage, and other future considerations.
  • Protection of Parental Rights: Early planning helps identify the legal steps needed to establish and protect parentage under applicable state laws.
  • Greater Peace of Mind: With a clear legal framework in place, you can focus on your treatment and family-building goals with confidence.

What Our Clients Say

At Foster + Bloom, we are committed to providing experienced guidance and personalized support throughout the family-building process. Here is what our clients have shared about their experiences:

“I’ve worked with Joanna Beck Wilkinson for several years on multiple different contracts. She always advocates for my best interest and breaks down information that I have questions about. She is really knowledgeable about the law (even though it is every changing) and how to support surrogates. Very responsive and fights for her clients!” – Marissa

“What truly sets Liz apart is her genuine care and compassion for her clients. She has a deep understanding of the sensitive nature in family, fertility and adoption matters. Her ability to explain complex legal concepts in a clear and concise manner as well as take the time to address any uncertainties or anxieties I had while working with her is rarity that I appreciate and respect so much. I would highly recommend Liz to anyone.” – Erika

What Makes Foster + Bloom’s ART + Fertility Law Services Different?

Our attorneys help individuals and couples navigate the legal complexities of assisted reproduction with the experience, guidance, and support needed to protect their family-building goals. Here is what sets our services apart:

  • Expertise with Heart: With more than 185 years of combined experience, our attorneys bring deep knowledge of reproductive law, assisted reproductive technology, and family formation while providing thoughtful, personalized guidance.
  • Clarity in Complexity: Fertility and family laws can vary significantly by state and circumstance. We help you understand your options, navigate legal requirements, and make informed decisions with confidence.
  • Modern Family Champions: Every family-building journey is unique. We proudly support individuals and couples pursuing parenthood through IVF, donor conception, surrogacy, embryo donation, and other assisted reproductive paths.

No matter where you are in your family-building journey, we are committed to helping you establish the legal protections needed to pursue parenthood with clarity and peace of mind.

FAQ's

No. Fertility laws vary by state, so working with an attorney in the right jurisdiction matters.
Most journeys require a surrogacy agreement, parentage documents and clinic clearance before embryo transfer.