In vitro fertilization (IVF) offers an incredible path to parenthood for many families, including single parents, same-sex couples, and those using surrogates or donors. Whether a couple cannot get pregnant on their own or the mother has a condition that would not allow her to carry a baby healthily, these options allow people to become parents when they otherwise might not be able to. While the medical process is advanced and well-regulated, legal rights after an IVF birth can vary based on how the process was structured and the agreements that were (or were not) put in place. Questions around legal parentage, custody, and decision-making authority can surface quickly, especially when multiple parties are involved.
Our friends at Lai & Turner Law Firm PLLC discuss how these legal concerns play out in real-world cases and why it’s important to plan carefully before an embryo is ever transferred.
Legal Parentage May Not Be Automatic
When a child is born through IVF, biology alone doesn’t always define who is recognized as the legal parent. For example, if donor sperm or eggs were used, the donor typically has no legal rights or obligations. But this depends on whether a legal donor agreement exists. Without one, there may be a gray area, especially if the donor was known or had a personal relationship with the intended parent(s). When using a sperme donor, while it might seem convenient and a natural path to informally use a donor who is a friend, it is important to have a legal document that spells out who does and does not have rights in regards to the baby once it is born.
For intended parents using a surrogate, legal parentage generally must be established through pre- or post-birth court orders, depending on the state. Just because someone is genetically related to the child doesn’t mean they are automatically listed as a legal parent on the birth certificate. Without legal recognition, they may not have decision-making power or custody rights if anything goes wrong.
The Role Of Agreements Between Parties
Legal documents are essential to clarify rights and expectations among all involved — intended parents, donors, and surrogates. These agreements often address parental intent, financial responsibility, decision-making authority during the pregnancy, and what happens if circumstances change. If these agreements are drafted and executed properly, they can prevent disputes and support court recognition of legal parentage after the child is born.
However, informal or outdated agreements — or none at all — can leave room for misunderstanding or legal uncertainty. Courts generally look to the intent of the parties involved, but without proper documentation, that intent can be difficult to prove.
State Law Can Impact Outcomes
Each state has its own approach to assisted reproduction and parentage. Some states have comprehensive statutes covering surrogacy, donation, and IVF-related births, while others rely on case law or have no clear guidance. This means the legal process to confirm parentage can look very different depending on where the child is born or where the parties live.
For example, one state may allow a pre-birth order recognizing both intended parents as legal parents before the child is born, while another may require an adoption process for one of the parents after birth. Because the laws differ from state to state and these situations often involve parties from more than one state, it is important to work with a family lawyer who is familiar with all the state-specific procedures involved in order to ensure you will secure legal parentage in a safe and secure way.
Protecting The Child’s Best Interests
At the heart of all legal planning around IVF births is the well-being of the child. Legal clarity helps avoid confusion in the event of a medical emergency, separation, or death. It also provides a stable foundation for the child’s identity, inheritance rights, and relationships with both parents and extended family.
For those considering or currently involved in a surrogacy or donor arrangement, it’s helpful to work with professionals who focus on family formation & assisted/third party reproduction. Doing so can help everyone involved understand what steps are needed to protect their rights and support the child’s long-term future.
