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Assisted Reproductive Technology Law

Our lawyers were pioneers of ART law in Colorado and remain on the forefront of it today. We have published articles both in Colorado and nationally; we have helped developed Colorado legislation; and have advised judges on ART matters.  We are compassionate and skilled.

 
 

Agencies

Questions to Ask an Agency

In general, the primary role of an agency is to match intended parents with donors or surrogates.  Diane Clapp, RN, BSN of RESOLVE, published the following list of questions to ask a surrogacy agency before you begin.

  • How long has the surrogacy program been in operation?  Does the program maintain a referral listing of previous client couples?
  • How many babies have been born through the surrogacy program?
  • Does the program recruit its own surrogates? If so, through what means?
  • Will the program work with a surrogate recruited by the couple?
  • Does the program offer medical screening of the surrogate? If so, what does the screening entail?  Ask exactly what tests the surrogate will be required to have.
  • Does medical screening include an AIDS test of the surrogate and her partner?
  • Is traditional surrogacy as well as gestational surrogacy available?
  • What are the fees for informational meetings or interviews?
  • What are the costs of surrogacy?  What is the fee payment structure?
  • How are the surrogate's expenses managed? Is there a cap on these expenses?
  • How long are the surrogate's medical records kept?
  • What will the psychological screening of the surrogate entail?
  • Does the program offer on-site medical services (insemination or IVF) or do they work with local physicians and hospitals?
  • To what extent is contact between the surrogate and the couple encouraged?
  • What type of legal counsel is offered to the surrogate and the couple? Does this include drawing up contracts?
  • Can the couple be present at the birth?
  • If the surrogate does not get pregnant over a certain number of cycles, what is the clinic's policy regarding refund of fees paid?
  • In the event that the contract is not honored by the surrogate, what are the financial obligations for the couple?
  • In the event that the surrogate has a pregnancy loss, what are the financial obligations for the couple?
  • Does the program have a medical registry for updating the medical history of the surrogates or the children?
  • Does the program have a registry for the surrogate and children to exchange information when the child reaches maturity?

Agencies

This list of agencies is provided for your convenience.  A listing should not in any way be considered an endorsement or recommendation, either express or implied, by Willoughby & Eckelberry, LLC.