Assisted Reproductive Technology And Surrogacy
Work with an experienced attorney with extensive knowledge of alternative areas of family law.
At Mark E. Sawicki, P.A., parties entering into ART arrangements have access to an experienced attorney with extensive knowledge of alternative areas of family law. I am attorney Mark E. Sawicki. With offices in Palm Beach Gardens and Fort Lauderdale, I maintain connections with a wide range of professionals providing ART care for intended parents, donors and surrogates.
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Comprehensive Assisted Reproduction Legal Services
Mark E. Sawicki, P.A. handles every stage of the assisted reproduction legal process, including:
Assisted Reproductive Technology (ART)
All of us are aware of nontraditional ways of adding to a family, including various forms of fostering and adoption. Assisted reproduction is another favored method of family planning and growth for many people. Using relatively new technological advances, fertility clinics work with genetic donors and assist intended parents, who may be:
- Traditional couples, often grappling with infertility issues
- Same-sex couples
- Single parents-to-be by choice
Through assisted reproductive technology (ART), intended parents have options for the conception and gestation of carefully planned babies. Along with the medical, biological and psychological aspects of ART, legal elements require close attention at every step along the way.
When you work with me, you will have the assurance that your legal bases are covered as you move forward with your plans to bring a child into the world through ART methods. I welcome inquiries from fertility doctors and clinics, family law attorneys and private individuals and couples.
I offer a complimentary review of IVF and assisted reproduction arrangements. Contact me to get started to request your review.
For Traditional Couples With Fertility Limitations
Perhaps one or both of you have been unable to conceive children naturally. Or, perhaps there are reasons for which pregnancy is not a viable option. You and your doctor(s) may have arrived at the opinion that in-vitro fertilization (IVF) is your most promising way forward. You may plan to use donor eggs and/or sperm, followed by implantation in the intended mother’s womb or the womb of a surrogate.
Regardless of the specifics involved in your ART baby-making plans, I can ensure that each involved party’s legal rights, as well as those of involved fertility specialists, are protected and responsibilities are properly addressed.
For Same-Sex Couples
You and your same-sex partner or spouse may prefer to provide genetic material from one or both of you – or use all-donor specimens – to conceive a child through a combination of these methods:
- Egg and/or sperm harvesting
- Artificial insemination
- IVF followed by surrogacy
I can help you draft and formalize contracts to cover the preplanned adoption, donor and/or surrogacy agreements. I will help you meet the requirements of the fertility clinic that you work with. Also, I will help you arrive at agreements for reasonable compensation and the provision of necessary health care for the donor(s) and/or surrogate.
For Single Parents-To-Be By Choice
You may have explored other parenting options over the years. Now it is clear to you that a carefully planned son or daughter brought into your life through one or more of the following is the right choice for you:
- Artificial insemination with donor sperm followed by your own pregnancy
- Artificial insemination of a surrogate who will donate her egg and carry the baby to term
- IVF using your egg or a donor egg and donor sperm followed by your own pregnancy
- IVF using a donor’s egg and/or sperm followed by a gestational surrogate’s pregnancy
Once you and your doctor have determined the best way forward and you have found the necessary genetic donor(s) and/or surrogate, I can guide you confidently through the legal processes, including preplanned adoption if necessary.
Clarify Parental Rights And More In An ART Arrangement
Rest assured that most ART arrangements work well as intended. All parties concerned normally give careful thought and intentions to facilitate the birthing of much-wanted babies. Contracts and any necessary family court transactions can prevent unwanted complications while protecting the future child’s well-being. The Florida statute that addresses ART-assisted family planning includes the following provisions:
The donor of any egg, sperm, or pre-embryo, other than the commissioning couple or a father who has executed a preplanned adoption agreement … shall relinquish all maternal or paternal rights and obligations with respect to the donation or the resulting children.
To understand how this law applies as you approach an IVF or surrogacy arrangement, get personalized legal advice and assistance. Be ready to move forward with your intentions to become a parent or help someone else fulfill their parenting aspirations.
Get a Free 20-Minute Consultation with Mark
Facing divorce, custody, or family issues? Mark Sawicki offers compassionate, determined guidance to help you move forward.
What Makes Mark E. Sawicki, P.A. Different
At Mark E. Sawicki, P.A., we combine business-minded strategy with emotional intelligence to protect both your financial security and your family’s well-being. Unlike big firms where you’re just another case number, Sawicki Law offers:
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Mark E. Sawicki, P.A.
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Licensed in 8 jurisdictions including the U.S. Supreme Court
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Client Reviews
Hear from some of our clients.
Carly B.
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“My wife and I have been looking to grow our family using a sperm donor and Mark was the sweetest and most informative attorney… he really took the time to educate me on the process… Mark simplified everything and was very reassuring.”
Alexandria B.
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“My wife and I had a great experience working with Mark. He is kind, honest, efficient… responsive to any question… I am grateful for his knowledge, care, and advocacy of the LGBTQ+ community!”
Priscilla L.
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“Absolutely the best lawyer I could have gotten to handle my case… At all times he was very responsive and communicative. I highly recommend him for any family law needs!”
Frequently Asked Questions About Assisted Reproduction Law
Assisted reproduction raises unique legal issues involving parental rights, contracts, donors, and surrogacy. These FAQs explain these topics and how an experienced assisted reproduction lawyer can protect your family’s future in Colorado and Florida.
What does an assisted reproduction lawyer do?
An assisted reproduction lawyer specializes in the legal aspects of fertility planning — including egg/sperm/embryo donation agreements, gestational carrier contracts, parental rights, and compliance with state reproductive statutes. I draft enforceable documents that protect intended parents, donors, and children.
Do I need a lawyer for surrogacy or IVF arrangements?
Yes. Surrogacy and IVF involve complex legal and medical steps. A lawyer ensures all contracts (donor agreements, carrier agreements, parental rights orders) are legally sound so your future parental rights are protected and clinic requirements are met.
How are parental rights established in assisted reproduction cases?
In many states (including Florida), parental rights are established through pre-birth orders, adoption, or statute depending on the type of ART (e.g., embryo transfer vs. preplanned adoption). An assisted reproduction lawyer helps you determine the correct legal pathway and prepares all filings accordingly.
Can donor agreements protect both donors and recipients?
Yes. A comprehensive donor agreement clarifies rights, responsibilities, compensation (if any), confidentiality, and what happens with unused eggs, sperm, or embryos. These agreements reduce disputes and give both parties legal certainty.
What should be included in a gestational carrier or surrogacy contract?
Key elements include:
- Confirmation of intended parents’ rights
- Medical decision authority
- Compensation and expense reimbursement terms
- Confidentiality and privacy protections
- Contingencies for medical outcomes
Your attorney ensures all provisions comply with applicable reproductive and contract law.
Is assisted reproduction law different in Colorado vs. Florida?
Yes. Each state has its own statutes and case law regarding ART, surrogacy, and donor rights. An assisted reproduction lawyer must navigate both state and clinic requirements. I provide guidance that reflects up-to-date legal standards in your jurisdiction and coordinate with local clinics.
Can an assisted reproduction lawyer help with international fertility arrangements?
Yes. Cross-border or intercountry reproductive arrangements can involve immigration, citizenship, and conflicting laws. A lawyer experienced in ART helps coordinate legal protections on both sides of the process so your family is protected.
How do I get started with an assisted reproduction lawyer?
Begin by scheduling a consultation to discuss your goals (e.g., egg donation, surrogacy, parental rights). I’ll review your situation, explain relevant laws, and recommend the right legal strategy to protect your family’s future.
Get a Free 20-Minute Consultation with Mark
Facing divorce, custody, or family issues? Mark Sawicki offers compassionate, determined guidance to help you move forward.