What Are Types of Assisted Reproductive Technology?
There are different types of assisted reproductive technologies that individuals can use. In vitro fertilization (IVF) is a medical procedure where an egg is fertilized by sperm outside of an individual’s body in a laboratory.
The fertilized egg, now an embryo, is implanted into a surrogate’s uterus in an attempt to establish a successful pregnancy. Surrogates are females who carry a child or children on behalf of other parents.
Egg donation usually involves the Intended Parents (IPs) obtaining all the eggs from one or several egg retrieval cycles that become their property. Sperm banks, or cryobanks, are facilities that collect, freeze, and preserve donated sperm samples for use in artificial insemination and other assisted reproductive technologies.
Before being made available to potential parents, sperm is often tested for genetic and viral disorders. There are two categories of sperm donations, anonymous and known.
Surrogacy is used when an embryo is implanted in a female other than the genetic mother who carries the child for the parents. Surrogacy may be used when a female is not able to carry a child themselves.
What Are the Legal Considerations of ART?
There are numerous legal considerations of ART. These concerns are always expanding along with the technology being used for infertility treatments.
Examples of frequent legal challenges associated with infertility treatments include:
- Personal Injury from Treatments for Infertility: Assisted reproduction does involve some hazards. There have been rare cases of injury to the unborn child or the mother during pregnancy.
- Concerning insurance, federal laws do not require that infertility treatments be covered by insurance.
- The issue then becomes whether ART insurance is required by state law.
- The regulations governing the necessity of insurance differ greatly between states.
- Disclosure of Private Information: The use of private information of donors and other participants private information has been debated, especially in cases involving adoption or surrogacy.
- In general, disclosure laws forbid the illegal distribution of client information.
- Wrongful Birth: Fertility treatments have 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 typically require time off from work, which may lead to disputes over employment conditions.
Technological advances commonly create novel legal issues. With ART, the process involves creating multiple embryos.
Implantation of an embryo in a uterus is attempted for only a small percentage of the embryos. An individual may be successful with a pregnancy and have embryos that remain unused and frozen.
If embryos remain, an individual must decide what to do with them. They will typically remain frozen in storage, for a fee, until the individual makes their decision.
If an individual chooses to use a surrogate, they will typically sign a surrogacy contract, that covers a variety of topics, including, but not limited to:
- The right of the biological parent to attend a surrogate’s medical exams as well as review the surrogate’s medical records
- Testing of all parties involved for any sexually transmitted diseases
- Evaluation of the surrogate mother’s genetic history
- Signing an anti-disclosure statement that prevents the surrogacy from being made public
- Psychological counseling for all parties involved
- A determination of parental rights
- Whether any compensation will be provided
- Termination of the agreement
An individual should consult with a local attorney to obtain an understanding of the current laws that govern surrogacy legal agreements in the state where they reside.
What Are the Ethical and Moral Issues with ART?
There are numerous ethical and moral issues related to ART, including, but not limited to:
- Children born by these techniques
- The extra human embryos that are frozen along with the issues that may arise from the treatment given to those embryos
- The loss of embryos that occurs in IVF
- The embryo selection that is done using preimplantation genetic diagnosis (PGD) to transfer only the embryos of the best quality
- Gamete donation, especially the right to privacy of the donors and the right of the children to know their parents
- The production of “savior siblings” (a child conceived to act as a bone marrow or tissue donor for a terminally ill sibling)
- The possible use of these techniques for social purposes, unrelated to the woman’s own fertility, such as gestational surrogacy and social freezing
Another issue related to ART is the cost of and the inequitable distribution of access to care. In other words, IVF may be more available to individuals who are in a position of financial strength.
There are also religious issues with ART, which may vary across religious groups. According to Christianity, an embryo is a human at conception, making most ART technologies unavailable.
Other religions may allow IVF and embryo transfer, but only for a married couple.
How Can Child Custody Be Affected by ART?
Child custody issues can arise when ART is used. For example, there may be custody issues related to frozen embryos if a couple divorces before the embryos have been implanted.
In these types of cases, one of the spouses may want an additional pregnancy at a later time while the other may not because of the divorce. If a child was born, both parties would still be legally obligated to support the child, as they would be the biological parents of the child.
In general, a provider will require a couple to sign an agreement and consent form before beginning the ART process that clearly indicates what the clinic should do with any stored frozen embryos in the event the couple separates or divorces. There are three approaches courts take on this issue, the contractual approach, the mutual consent approach, and the balancing approach.
The Contractual Approach
The contractual approach follows the agreement that specifies how the embryos should be used, donated, or disposed of in the event of a divorce. With this approach, the court will uphold any agreement made by the parties and will enforce it if one of the parties challenges its provisions.
The Mutual Consent Approach
The mutual consent approach requires mutual consent from both of the parties before a ruling is made. Even if the parties had an agreement regarding how the embryos would be treated, the court will not automatically rule based on what that agreement says.
With this approach, the court will require the parties to agree regarding whether the embryos should be used, donated, or disposed of. If the parties cannot reach an agreement, the court will likely order that the embryos remain frozen until the parties can agree on a resolution of the issue.
The Balancing Approach
With the balancing approach, the court determines what it deems is the appropriate treatment of frozen embryos. In these cases, the court will weigh the interests and circumstances of both parties in an effort to reach a fair outcome.
The court will examine several factors, including the outcome each spouse prefers. It is important to note that a court may give more weight to a party whose last chance at parenthood lies with the embryo.
What Are the Global ART Laws?
There are some laws governing the use of ART in the United States and across the world. The Uniform Parentage Act (UPA) was enacted to “ensure that all children and all parents have equal rights concerning each other, regardless of the marital status of the parents.”
The UPA was updated in 2017 to provide rights to children who were conceived using assisted reproductive technology to access medical and identifying information related to any gamete providers. There are also laws being enacted around the world that apply to ART, such as the Indian 2021 Assisted Reproductive Technology (Regulation) Act.
It is important to be aware that these laws will vary by country and are being updated, especially as technology advances. It is always important to consult with an attorney for the most current laws on ART.
Have There Been Any Updates to the Laws That Govern ART?
Yes, there have been significant updates to the laws governing ART at both the federal and state levels. There are major changes that took effect in 2025 and changes will continue into 2026.
Changes have been made to insurance coverage for ART, in vitro fertilization access, as well as parental rights. There are federal initiatives to reduce the costs related to IVF and other fertility treatments. At the state level, many states have enacted legislation to protect access to fertility treatments.
At the federal level, on February 18, 2025, an executive order called Expanding Access to In Vitro Fertilization was signed that directed federal agencies to find ways to reduce the costs associated with accessing IVF and reducing barriers to IVF.
In October of 2025, the presidential administration announced initiatives for lowering the cost of IVF medications as well as creating new ways for employers to provide standalone fertility benefits. The administration announced a federal purchasing platform for discounted drugs, called TrumpRx, that is scheduled to begin in early 2026.
There have also been proposed bills, including the Right to IVF Act and the Health Coverage for IVF Act of 2025 to establish nationwide access as well as insurance coverage for fertility treatments. In addition, Congress has requested that the Centers for Disease Control and Prevention (CDC) enhance data collection regarding assisted reproduction, to include publishing information about health complications for egg donors as well as outcomes for embryos in ART cycles.
State-Level Changes
There have also been changes at the state level in many states, not all of which will be discussed here. In 2024, the Alabama State Supreme Court held that frozen embryos are children. Based on this ruling, the state passed legislation that provided immunity for IVF providers, effectively protecting the services in the state.
The Arkansas RESTORE Act was passed in June 2025. It promotes restorative reproductive medicine as well as requires it be covered by insurance companies. Additionally, it allows providers to refuse services on religious grounds.
In the State of California, effective January 1, 2026, SB 729 mandates that large-group health insurance plans have to cover infertility treatment, which includes IVF. It also expands the definition of infertility to be more inclusive of single parents by choice as well as LGBTQ+ individuals.
Georgia HB 428 codifies the right to IVF in the state. HB 94 mandates insurance coverage for fertility preservation services for people who are undergoing treatments for certain conditions, such as cancer or lupus, that can cause fertility impairment due to the treatment.
In Massachusetts, the Parentage Act went into effect on January 1, 2025. This act clarifies parentage for children who are born through assisted reproduction and surrogacy.
Michigan’s Family Protection Act is a package of laws that went into effect on April 2, 2025. This act overturns a previous ban on paid surrogacy and legalizes the process, protects families that are formed using assisted reproduction, and helps ensure legal rights for LGBTQ+ parents.
In Tennessee, HB 533, which was signed in April 2025, codified the right for individuals to obtain contraception as well as fertility treatments in the state. This may not be a comprehensive list of all of the state changes, so it is essential to reach out to a local attorney for the most accurate information.
There have also been updates for service members, including military and TRICARE members. The Department of Defense expanded their access to ART for those who are injured active-duty service members or who are severely ill by allowing the use of donor gametes as well as surrogates. Members may also be able to seek reimbursement for eligible out-of-pocket expenses.
The laws that govern legal issues surrounding assisted reproductive technology, both at the federal and state level, can be changed or updated at any time, especially when there are changes in presidential administrations. Because of the potential for updates at any time, it is always important to seek advice from an attorney for any ART-related issues.
How Can You Ensure Legal Protection When Using ART?
It is important for an individual to take steps to ensure their legal rights are protected when they are using ART. An individual should seek legal advice to determine what types of agreements and contracts they can use during the process and how they may be enforced at a later day.
It is also important for an individual to obtain legal advice because the regulations and technologies are always changing. Getting up-to-date advice will help ensure an individual has the best protections possible.
Should I Consult with an Attorney?
If you have any issues, questions, or concerns related to assisted reproductive technology, it is essential to consult with a family lawyer who can provide you with detailed information to guide your decision making and protect your rights. Having a child is one of the biggest decisions you will likely ever make, so it is important to consider every possibility and outcome when using ART.
It is also very important to have legal safeguards for yourself and your future child when using ART. Your lawyer can help you draft any needed contracts or agreements that will be valid and enforceable in your state.
It should only take you a short moment to use LegalMatch’s free attorney-client matching services to submit your assisted reproductive technology question or concern on the website and start finding a family lawyer in your area who can help. You can choose preferences you may have, including religious preferences, language needs, and location to ensure you will be comfortable and able to communicate with your attorney.
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