Assisted Reproductive Technology Cases

Monica Linkner has had extensive training in the legal, medical, social-psychological and ethical aspects of assisted reproductive technology cases (also called ARTs cases). She has established relationships with physicians, clinics, psychologists, and knowledgeable lawyers in other states.  

What we do for our ARTs clients: 

• Represent intended parents, surrogates, gestational carriers, egg donors and embryo donors to ensure all participants understand their rights and the law that applies to their situation.
• Draft surrogacy contracts and other agreements to be sure everyone agrees on the procedures and processes that will be followed.
• Address issues of insurance coverage and payment of permissible expenses.
• Take the necessary legal steps to establish the intended parents as the legal parents of a child born through ARTs, which in many cases can avoid the need for an adoption.
• Help the parties define the pre- and post-birth relationships they wish to have.

We are pleased to offer our services to discuss your unique circumstances and to assist you through the legal aspects of the ARTs procedures you and your physician have decided upon. 

Please call us to schedule a consultation.

Available Technologies

There are many reasons individuals and couples find themselves in need of medical help when it comes to building their family. The good news is that there are plenty of new treatments and procedures for fertility problems.  Assisted Reproductive Technologies or ARTs are umbrella terms for medical treatment that provides a means to become a parent for those who otherwise would be unable to conceive or carry a child.  Unlike adoption, an ARTs pregnancy is planned to help a specific person or persons to become parents. Each successful case fulfills the dream of becoming a parent – whether you are married, in a relationship, single, gay or lesbian. Those who donate their eggs, embryos, or carry a child as a surrogate or gestational carrier are special people, willing to help those struggling with infertility to realize their dreams. 

We specialize in helping you navigate the complex legal issues surrounding these new procedures. You can be confident that the laws of surrogacy and other reproductive technologies will be complied with and that the intended parents will be the child’s legal parents.

The most common examples of ARTs are:

Donor egg:  If a woman can’t conceive using her own eggs, eggs can be donated by another woman. The donor's eggs are retrieved from her body and then fertilized, either by the intended father's sperm or by donated sperm, during the medical procedure known as IVF – in vitro fertilization. The resulting embryos are transferred into intended mother's uterus where they can implant, she can become pregnant and carry the child. 

Donor embryo:  Donated embryos can solve the problem if both intended parents are unable to produce adequate gametes (egg and sperm) to create their own embryos. Donated embryos can be transferred into the intended mother’s uterus, or transferred into the uterus of a gestational carrier who will then carry the pregnancy for the intended parent or parents.

Gestational carrier:  For an intended mother who cannot carry a pregnancy, or a gay man or couple who want to become parents, a gestational carrier can be the solution. A gestational carrier is a woman who carries (gestates) a pregnancy to term, but who is not genetically related to the child she is carrying. The embryos can be provided by the intended parents, or donated embryos can be used.

Traditional surrogacy:  In a traditional surrogacy, the surrogate’s own egg is fertilized using sperm from the intended father or donor sperm. If a pregnancy results, the surrogate carries the child for the intended parent or parents.