Assisted Reproductive Technology Law

There are very few attorneys in New Mexico that have experience with Assisted Reproductive Technology. Of those few attorneys Hal Atencio is the most experienced having completed Gestational Carrier Contracts as early as 1999. Clients should be cautious about retaining an attorney that does not have significant experience in this very unique area of the law.

Gestational Carrier Contracts

Hal Atencio regularly drafts, negotiates and assists with the execution of Gestational Carrier Contracts. The importance of a properly drafted Gestational Carrier Contract cannot be understated. In addition to a carefully drafted contract, explaining the contract so our clients can thoroughly understand the contract they are executing is critical to avoiding disputes during a pregnancy and after birth of the child.

Birth Orders

Pre-birth and Post-birth Orders require the ART attorney to understand and follow the Uniform Parentage Act as it pertains to children born as a result of Assisted Reproduction. The process must be completed timely and with an understanding of the potential effects on immigration and parentage issues. The process also involves requesting that the Court seal the record in order to protect the privacy of the Carrier, Intended Parents and the child who is the subject of the birth order.

Egg Donor Contracts

Egg Donor contracts, over recent years, have been changing significantly as the Donors are becoming better educated and better compensated for completing the required testing, medication to regulate their fertility cycles, and the collection process. Donors, as is the case with Gestational Carriers, can choose to volunteer to provide gametes rather than being compensated. However, the terms of the various contracts and options must still be understood and correctly documented in order to prevent expensive litigation that results if the parties do not fully understand their rights and their options regarding participation in the assisted reproduction process.

Sperm Donation Contracts

Sperm donors have been sued for child support of the children born after donated sperm was used to create a pregnancy. Sperm donors should always consult with competent counsel to make sure that the donor will not have financial responsibility for any children born using the donated sperm.

Embryo Donation Contracts

Couples will frequently have frozen embryos after that couple has completed their efforts to create a family through assisted reproduction. Those embryos are sometimes donated to other couples that are exploring ways to grow their families. The parentage issues involving embryo donation must, as with all parentage contracts, be addressed in compliance with statutory and case law in order to avoid protracted and expensive litigation. Done properly, the cost of preparing the proper contractual documents will save the individuals involved a great deal of legal fees, but also the heartache and turmoil that results, when parentage issues are disputed.