Fertility & Alternative Reproductive Technology Laws in New York
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New York has a variety of fertility and alternative reproductive technology laws (ART) that could come into effect during your divorce or family law dispute. Our attorneys from Wisselman, Harounian & Associates on Long Island are here to help you get a full understanding of these laws, regulations, and rules, allowing you to progress your case with confidence.
Why should you choose our law firm for legal guidance and counsel?
- All of our attorneys have earned top professional awards in the industry.
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- We were founded in 1976 and bring decades of experience to each case.
Let us help you understand fertility and reproductive laws in New York so that you can protect yourself and your child from the uncertainties of future claims. Call 516-773-8300 any day to schedule a free, no-obligation consultation with our law firm.
Preconception Agreements: Deciding Roles Upfront
For some people, pregnancy and child custody is something they want to plan down to the smallest detail. A preconception agreement can be written between prospective parents who are not married so that rights and responsibilities are spelled out and not subject to misunderstanding and conflict. In the case of IVF, it is very important to have a clear understanding about the storage and implantation of frozen embryos, especially if the relationship falls apart. In some ways, it is similar to a child custody agreement, only it is drafted before a child is ever born.
In a preconception agreement, you can decide:
- How to get pregnant, such as IVF, sperm/egg donation, etc.
- Whose names go on the birth certificate
- What parental rights – if any – the sperm or egg donor will receive
- What responsibilities – if any – the parties have
- The disposition of frozen embryos, who pays for storage, and whether the embryos can be implanted if the parties break up.
Issues with IVF in New York
In-vitro fertilization (IVF) and “egg freezing” is becoming more and more common as Millennials decide to become parents much later in their lives than previous generations. New York lawmakers are scrambling to catch up to this increased demand for IVF as a form of fertility treatment. Recently, the 2020 state budget was approved, and it includes a clause to require many large insurance providers to update insurance plans so that they cover IVF treatments.
As an individual thinking of using IVF in New York, you should know that certain parentage issues can arise. If you and your current spouse freeze an egg and a sperm for fertilization later, but divorce before enacting the plan, then there may be conflict regarding who has a say in what to do with the frozen samples. Since both parties have contributed their DNA to the embryos, then both parties must have a say on the disposition of the embryos. Our Long Island IVF attorneys can help you assert your rights to parentage.
Family Law Issues for Same-Sex Parents
New York has legally recognized same-sex marriage since 2011, four years before the U.S. Supreme Court reached the same decision. However, topics beyond just same-sex marriage are not often explored by same-sex couples. That is to say, many same-sex couples do not know their own rights if they decide to divorce or separate from their same-sex spouse. When it comes to the issue of child custody, same sex couples may have unique concerns, especially if a child was born outside the marriage and using a donor sperm or egg.
Backed by our decades of collective legal experience and our proud support of LGBTQ+ community members, Wisselman, Harounian & Associates on Long Island can help you sort through your same-sex divorce case. We are standing by to address any and all questions, so you can feel confident that your future is only just beginning, even if it includes a divorce.