One of the most recognizable forms of assisted reproductive technology (ART) is in vitro fertilization, where the egg is fertilized with sperm outside of the body, and the embryo later placed inside the woman’s uterus.
For women facing infertility or for those who want to have a child with a same-sex partner, ART can help them conceive, but one of the problems is the law hasn’t caught up with the technology.
Who is the “biological mother?” Who is the lawful parent? Who gets custody? These are the questions, especially for same-sex parents and single or unmarried parents facing paternity and custody disputes.
Attorneys for ART Custody Issues in Baltimore, Maryland
Because we’ve been representing people in Maryland since 1992, we have seen how courts have grappled with new technology like ART, which has been used more and more in the last couple decades. Today’s cases have no easy answers, but experience can make a difference.
More and more cases involving assisted reproductive technology concern who qualifies to be a parent to the child. It’s difficult because there are so many players: sperm donors, egg donors, gestational carriers, the biological mother/father, and the adoptive mother/father, among others.
Here’s one example:
Same-sex partners use ART to have a child. The biological mother underwent the ART procedure, carried the baby to term, and went through labor, while the other became a co-parent through adoption. But the two have a falling out and separate. Ultimately, the court decides that the adoptive mother gets primary custody at the expense of the biological mother.
In a recent case that appeared in the headlines, this exact scenario happened.
Contact a Baltimore Divorce Attorney Today
Protect yourself and the relationship with your child by speaking with a lawyer at 443-709-9999 for a free case evaluation. You may also contact us online.