What are the legal implications for parents in the United States with regards to assisted reproduction?

In the United States, parents that seek assisted reproductive services are subject to a variety of legal implications. In the state of North Carolina, all assisted reproductive procedures (including but not limited to in vitro fertilization) must be approved by a court order before they can be carried out. This means that all parties involved need to provide evidence to a family court of their wishes and relationship with the child before the court grants the approval. This process is known as a ‘pre-conception agreement’. Furthermore, the parents must be able to prove that the procedure is in the best interest of the child. This makes sure that the child, who has no say in the matter, is not placed in an unstable or harmful environment. The court can also address the legal parenthood and guardianship of the child in the event that the parents are unable to do so. In the event of a surrogacy arrangement, both the intended parents and the surrogate must provide evidence that they are aware of and accept the risks of the procedure, along with the legal and financial responsibilities. This agreement is known as a ‘surrogacy contract’ and must be approved by the court in order for the process to go ahead. Therefore, parents that seek assisted reproductive services are subject to many legal implications. These implications are in place to protect the rights of the parents, the surrogate, and most importantly, the child.

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What are the legal implications for parents in the United States with regards to assisted reproduction?

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