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Assisted Reproductive Technologies
They say “it takes a village to raise a child.” In the ever-proliferating world of third-party reproduction through the use of assisted reproductive technologies (ART), it takes a village to make a child too. Third-party reproduction involves the use of ART techniques such as in-vitro fertilization (IVF) or artificial insemination, an intended parent or parents, and either an egg donor, a sperm donor, or gestational carrier (surrogate) (or some combination of the three), whose relationship with the intended parents is ideally codified in an enforceable agreement. Achieving parenthood by way of this process requires a unique confluence of collaborating parties and myriad professionals with expertise in a vast array of disciplines, all united by the common goals of producing a healthy child, while securing the legal parentage of that child for the intended parents.
As with any complex transaction, despite their common goals, each of the third-party collaborating participants has coextensive individual interests, many of which inherently conflict with one another and/or require and deserve unique consideration so as to avoid an otherwise significant potential for litigation, particularly in the event of divorce.
We discuss herein the dovetailing medical, legal and ethical issues, in conjunction with the vulnerabilities attendant to the team-based approach to achieving parenthood through ART. We also explore some of the issues confronted as the definition of the family evolves due to increasing usage of ART and collaborative reproduction, and ways of ensuring that clients understand the material risks associated with the high-stakes contractual relationships of third-party reproduction, mitigating potential pitfalls and managing inherent conflicts. The article concludes with a consideration of adopting aspects of the Collaborative Divorce Model to help bridge gaps where traditional rules of professional conduct and ethics codes provide insufficient direction to account for the non-traditional family building through advances in technology.
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