Fertility Clinic Legal Issues

Where You Need a Lawyer:

(This may not be the same place you live)

At No Cost! 

 Infertility: What Is It?

An illness known as infertility causes the reproductive system to work abnormally and results in a prolonged inability to conceive.

Regardless of socioeconomic level, infertility affects people of all racial and ethnic backgrounds at approximately equal rates. One in ten couples in the United States struggles to conceive.

However, because of improvements in infertility treatment brought about by modern medicine, approximately 65% of infertile couples who seek treatment end up becoming parents. You may want to think about getting assistance from an infertility agency if you’re experiencing trouble conceiving a child.

Does Infertility Fall Under My Insurance?

There is no federal requirement in the US for insurance companies to fund infertility treatments. However, certain states, including Arkansas, Hawaii, Illinois, Maryland, Massachusetts, Montana, New Jersey, New York, Ohio, Rhode Island, and West Virginia, have passed laws requiring insurance coverage for infertility treatments. Insurance must be made available, although customers in Texas, Connecticut, and California can choose not to buy it.

Depending on your coverage and, consequently, your company, your health insurance may or may not cover infertility. Some companies’ insurance plans include coverage for infertility, while others do not. You must ascertain your exact amount of coverage in order to establish whether or not your insurance policy covers infertility.

Dealing with infertility can be an extremely difficult and emotional time in your life, which may affect your capacity for decision-making. If you are considering infertility treatment, you should consult with a skilled family lawyer who is knowledgeable about assisted reproductive technology. They can explain your rights to you, address any concerns you have regarding your insurance coverage, and help you through every step of the procedure.

Remember that this is a crucial moment for you and your family and that speaking with a lawyer before starting infertility treatment will help you make informed choices.

What is a Fertility Clinic?

A fertility clinic is a type of medical facility that offers treatments for infertility to couples or single people who desire to have children but are unable to do so naturally.

Clinics offer services like:

  • Determining the circumstances and health of clients
  • Making suggestions for steps to take throughout conception, pregnancy, and childbirth
  • Educating patients about the potential dangers and adverse effects of therapy
  • Implementing the recommended fertility therapy

Cryopreservation, in vitro fertilization, and other procedures are all possible fertility therapy options.

What are the Remedies for Infertility?

Infertility is typically understood as a disorder in which a couple cannot conceive or sustain a pregnancy. It may also include illnesses that qualified doctors have determined to be the root cause of reproductive issues.

Infertility treatments often fall into one of two categories:

  1. Medications to increase the couple’s fertility or techniques like in vitro fertilization to facilitate conception and birthing.
  2. In the latter technique, a surrogate mother may occasionally be used to bear the couple’s kid, which they will then adopt.

Infertility treatments may also involve additional operations like diagnostic testing to diagnose infertility, surgeries to aid conception (such as clearing a blockage), or transfers of organs or life-sustaining fluids.

Infertility treatments are also referred to as “Assisted Reproductive Technology” or ART.

What Sorts of Legal Issues are Related to Treatments for Infertility?

The range of legal concerns related to ART is expanding along with the technology for infertility treatments. The following are some of the more frequent legal challenges associated with infertility treatments:

  • Personal injury from treatments for infertility: Assisted reproduction carries some hazards. There have been rare cases of injury to the unborn kid or the mother during pregnancy. Concerning insurance, federal laws do not require that infertility treatments be covered by insurance. Therefore, the issue becomes whether ART insurance is mandated by state law. The regulations governing the necessity of insurance differ greatly between states.
  • Disclosure of private information: The use of donors’ and other participants’ private information has been hotly debated, particularly in cases involving adoption or surrogacy. Generally speaking, disclosure laws forbid the illegal distribution of client information.
  • Wrongful birth: Fertility treatments have occasionally led to unwanted birth defects or unintended pregnancies (for example, after the couple has already conceived the desired number of children).
  • Denial of work benefits or wrongful termination: Infertility treatments frequently call for time off from work, which can lead to disputes over employment conditions.

Depending on the severity of your case, you may have legal recourse if you have undergone infertility treatments and are currently dealing with any of the issues mentioned above.

Can I Take Time Off Work for Treatments for Infertility?

Yes, in most cases. Employers are not allowed to treat women differently who take maternity leave. This also includes time off for people who are undergoing treatments using assisted reproductive technology in order to get pregnant.

Employees who take legitimate pregnancy leaves from work cannot be denied benefits or fired by their employers. Federal employment laws like the Americans with Disabilities Act, the Family, and Medical Leave Act, or the Pregnancy Discrimination Act typically cover these employment provisions.

What if My Infertility Treatments Brought on My Injuries?

Infertility treatment-related injuries can typically be attributed to one of two things: either the medical professional who provided the therapies acted carelessly, or the drugs or other medicines were subpar items. In any case, a negligence claim will typically be used to establish liability for such injuries (either a form of medical malpractice or product liability).

You would need to demonstrate that the negligent party owed you a duty of care, that they violated that duty, and that such violation resulted in measurable harm to you to properly recover damages for infertility treatment injuries. The challenge in most ART cases is establishing who was responsible for your injuries.

An infertility case frequently involves the involvement of multiple specialists, and the therapy may encompass a wide range of overlapping medications and technology.

Which Employees Work at a Fertility Clinic?

Treatments for infertility are complicated and call for the aid of numerous medical professionals.
These may consist of:

  • Generic physicians
  • Advisors and counselors in nursing
  • Specialists (such as surgeons, pharmacists, and other professionals)

As a result of the frequent employment of cutting-edge technology in some treatment options, fertility clinics may also hire various technological specialists.

Can Fertility Clinics Be Charged with Legal Offenses?

While the success rate of fertility clinics makes them typically safe, there are several hazards and adverse effects linked with reproductive treatment. For instance, some pregnancies brought on by treatment could result in multiple births that weren’t intended. This is because certain fertility medications and treatments could, by their very nature, result in embryo splitting.

Additionally, fertility treatments may involve medical and legal infractions, just like any other type of medical care.

These are typically unintended offenses like:

  • Medical negligence
  • Incorrect assessment of a person’s fertility
  • Prescription mistakes involving fertility medicines

Errors in fertility treatment can cause severe damage, death, or birth abnormalities. An award of damages to cover the victim’s losses is frequently part of the remedies for such losses.

Do I Require Legal Assistance for Fertility Clinic Issues?

Working with a fertility clinic can involve a variety of concerns, and fertility treatments are a significant decision. If you have any concerns or questions regarding the law regarding fertility treatment, you might want to engage a personal injury lawyer.

You can get legal counsel from your lawyer regarding your worries. Additionally, your lawyer can assist you if you need to submit a claim for damages.


16 people have successfully posted their cases

Find a Lawyer