The complexity of some infertility treatments has made it necessary for lawyers to become involved in the practice. Drafting documents that detail legal liabilities and responsibilities as well as ownership rights to sperm, egg, an embryo or a fetus may require legal assistance. Below is an explanation of the two main ways that lawyers are involved with infertility issues and treatment.
Establishing Ownership Rights
One of the biggest controversies in fertility treatments is who owns the sperm and eggs that are donated for certain procedures. If the sperm, egg or both are not donated by the recipient, legal documents establishing the rights of the parties involved in the procedure may be necessary. These documents would sever one party's rights to the donated items and establish another party's rights to them. These papers may also state which parties will be considered the parents of any child resulting from the donated egg and sperm.
Establishing Liability
Attorneys are also called upon by physicians to establish the extent of their liability for fertility treatments. To prevent being sued for medical problems resulting from their fertility treatments, many physicians require patients to agree to limit their liability to fertility treatments. This would make physicians not responsible for any issues arising during the patient's pregnancy or problems with the child. For example, if a patient becomes pregnant due to treatments and subsequently delivers a child with a permanent mental illness, the patient and the child may have a legal cause of action against the doctor.
