We can help you navigate the unique legal issues that arise from in vitro fertilization treatment.
Cryopreserved Embryo Agreements
Courts around the country have refused to enforce provisions in clinic consent forms providing for the disposition and use of cryopreserved (frozen) embryos following death or divorce of the patients. We can prepare an agreement of a different nature for you to specifically address the disposition of any embryos that have been stored for future use.
Reciprocal IVF is a procedure for lesbian couples where the eggs of one partner are combined with donor sperm and the resulting embryos are transferred into the uterus of the other partner. Thus, Reciprocal IVF allows both partners to have a biological connection to the resulting child. Unfortunately, the laws in New Hampshire haven’t caught up with the innovations in medical treatments, and under New Hampshire law, only the mother who gestates the pregnancy will be considered the legal mother, unless the couple takes court action to establish joint maternal rights in both female partners. Such an establishment of joint maternal rights is legally distinct from both the presumption of maternity that permits the egg-providing partner’s name to go on the birth certificate and stepparent adoptions. Most importantly, the establishment of joint maternal rights protects in the strongest way possible your future child’s ability to have legal ties to both mothers. Please call our office to see how we can help you with the legal action needed to protect your family.
If you are undergoing fertility preservation treatment, we can help you navigate the unique legal issues that can arise.
Employment Practices Related to IVF
We understand that fertility treatments require an extensive time commitment, particularly by the female partner, and medical appointments can be scheduled with very little advance notice. We can help you navigate the relevant federal and New Hampshire laws to determine your entitlements to receive time off from your employer to complete your fertility treatment.