Assisted reproduction offers new possibilities to hopeful parents and families. It also introduces novel relationships and issues related to ART. In many ways, the law is still catching up with numerous ways that are available to create life and the medical and technological developments of ART. As one can imagine, it is of utmost importance to plan for and anticipate the myriad issues that are presented by availing yourself of ART and ensuring that the process is a harmonious experience.

At Morris James, the attorneys in our Family Law Department are knowledgeable in this emerging area of the law. Our attorneys represent intended parents and other parties in all aspects of these matters, whether it be as counsel for a proposed surrogate or a parent. Our lawyers understand the sensitivities of these new relationships and the physical and emotional challenges that arise when beginning the journey toward parenthood. We are here to advise you before you take the first steps, represent you as you move through the stages of your journey, and work with you to resolve any issues or disputes that may arise. Our attorneys routinely manage matters relating to:

  • Surrogacy agreements
  • Egg/sperm donor agreements
  • Embryo donor agreements
  • Cryopreservation agreements
  • Parentage Orders
  • Adoption
  • Legal recognition of LGBTQIA+ parents

Our attorneys collaborate closely with other lawyers in the firm, such as our litigation or estate planning groups, to provide our clients and their families with all of the tools and knowledge they need to care for their growing family.

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Assisted Reproduction Law FAQs

What is assisted reproduction?

Assisted reproduction includes any fertility treatments or procedures to achieve pregnancy which involve the handling of eggs, sperm, or embryos.

Is surrogacy legal in Delaware?

Yes, surrogacy is legal. Surrogacy is covered by Delaware Code 13 Del. C. Chapter 8, Subchapters VII and VIII.

What is a surrogacy agreement?

A gestational carrier agreement is defined by Delaware Code 13 Del. C. 8-102 (15). "Gestational carrier agreement” means a written agreement between the gestational carrier, her spouse or partner, if any, and the intended parent, pursuant to which the intended parent agrees to become the parent of the child resulting from the assisted reproduction.

Is it illegal to pay for a surrogacy arrangement in Delaware?

Compensation for a gestational carrier agreement is governed by 13 Del. C. Chapter 8, Subchapters VII and VIII.

Can an unmarried couple have a baby via assisted reproduction or surrogacy in Delaware?

Yes, there is no requirement that the intended parents availing themselves of having a child via assisted reproduction be married.

Can LGBTQIA+ parents have a baby via assisted reproduction or surrogacy in Delaware?

Yes, intended parents of a child born through assisted reproduction may be LGBTQIA+

Can a single parent have a baby via assisted reproduction or surrogacy in Delaware?

Yes, an intended parent does not have to be in a committed relationship to avail themselves of assisted reproduction or child via surrogacy.

What is a pre-birth or post-birth parentage order?

A parentage order is an order of the Court conferring parentage upon an individual. Unlike a birth certificate, which is an administrative document, a parentage order is a valid court order and subject to full faith and credit by other states.

Why do I need a lawyer for assisted reproduction or surrogacy?

The Delaware Code requires that all parties to a gestational carrier agreement have independent counsel.

Can intended parents and a surrogate use the same lawyer?

No, the Delaware Code requires that the parties to a Gestational Carrier Agreement have independent counsel.

When should I consult a lawyer if I am considering assisted reproduction?

It is important to contact counsel during the planning stages if you are considering having a child through assisted reproduction.

At Morris James, our attorneys have been protecting our clients’ legal rights since we opened our doors in 1931. If you are considering assisted reproduction or surrogacy, or you are already in the process of growing your family through assisted reproduction technologies, our experienced assisted reproduction attorneys are available as you embark on this path. Contact us by calling 302.888.6800 or fill out our online contact form for a prompt response.

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