Couples, Technology Assisted Conception And The Law

At Zashin Law, our attorneys are experienced in handling family law matters of married and unmarried couples who have utilized or are considering using Artificial Reproductive Technology (ART) to conceive children.

ART encompasses various procedures, including in vitro fertilization (IVF), intrauterine insemination (IUI), and gamete intrafallopian transfer (GIFT). The gift of ART is that it assists people who long to become parents but who require some medical assistance to become pregnant.

It is important for those undergoing any ART treatment to review and understand their state laws pertaining to ART. Different states have various laws, professional guidelines, and ethical considerations.

The Ohio Revised Code and the Ohio Administrative Code regulate various aspects of ART, including licensing requirements for clinics and professionals, informed consent procedures, and the handling of gametes and embryos.

While Ohio law recognizes that a child born as a result of ART is considered the legal child of the individuals who consented to the ART procedure, regardless of genetic connection, legal outcomes can be fact-specific. Contracts should be carefully drafted in these situations.

For example, in a recent Ohio court decision, a wife was granted use of the embryos created with her and her husband through ART prior to their divorce, despite what was drafted in the couple’s IVF contract.

Therefore, it is vital that individuals and couples take measures to lay out agreements regarding their children, future children, eggs, sperm, and embryos. One way to do this is through a pre- or post-nuptial agreement.

In addition, Zashin Law attorneys have been at the forefront of creating other family law solutions for people using ART. These solutions include drafting shared parenting agreements and litigating on behalf of wed or unwed parents.

Contact Zashin Law today if you are considering or have undergone ART procedures and are seeking custody or divorce advice.