Assisted Reproductive Technology (ART) Lawyers

Many people dream of creating or enlarging their family with a child, but for some people, that dream is harder to achieve than for others. There are many reasons that intended parents may need help to build their families, and many reasons why donors, surrogates, and others may choose to help them. But whatever brings you to the point of considering assisted reproductive technology (ART), you need not navigate the process alone—nor should you.

Building a family through reproductive technology is not just a biological process; it is a legal and emotional process, too. At Brinkley Law Firm, LLC, we are sensitive to the emotional issues involved in the journey to parenthood, and we help you navigate the legal aspects of the process with compassion, care, and clarity. We represent not only intended parents, but egg donors, embryo donors, and surrogates using in vitro fertilization (IVF).

Experienced Representation for ART Matters

There may be multiple parties involved in the process of bringing a family’s dream to fruition through ART. All of those parties deserve to be treated with dignity and to have their legal rights protected. Whether you are an intended parent, a donor, or a surrogate, you need to be represented by a knowledgeable attorney whose role is to answer your questions, explain your rights, and protect your interests throughout the process.

Assisted reproductive technology exists at the intersection of medicine and the law, both of which are constantly evolving. The law often struggles to keep pace with medical and technological developments, and there are not always clear legal answers to issues that arise. That’s why it is so critical to work with a law firm for which ART law makes up a substantial portion of its practice. Law firms that do not regularly represent intended parents or other parties to ART may not have the knowledge or experience to adequately advise their clients.

Skilled, Compassionate Assisted Reproductive Technology Attorneys

At Brinkley Law Firm, family formation, including ART and adoption, is a major part of our law practice. We stay up to date with the latest medical and legal developments so that we can better anticipate and meet our clients’ needs. For over a decade, we have represented clients in a wide range of legal matters related to ART, including:

  • Providing clear counsel regarding their ART options and the legal implications of those options so that they can make informed decisions.
  • Helping clients anticipate and plan for issues that could arise in an ART relationship, such as a pregnancy with multiples or the development of a medical issue for a surrogate or baby
  • Preparing thorough, enforceable contracts for surrogacy relationships, embryo donation, and gamete (egg and sperm) donation
  • Reviewing agreements and documentation from fertility clinics and other agencies with clients to ensure they fully understand their rights and responsibilities under any contract
  • Establishing parentage through parentage orders intended parents working with a surrogate
  • Advising clients through negotiation of prenuptial agreements or divorce in situations where the couple has (or anticipates having) frozen sperm, eggs, or embryos
  • Dispute resolution regarding parental rights or other issues in ART

Brinkley Law Firm works with intended parents of all genders, sexual orientations, and relationship statuses. We help families who live in South Carolina and those who reside outside the state or even the country whose journey brings them to South Carolina. We know that every family is different, and our legal guidance is tailored for your family’s unique needs and circumstances.

Uniquely Qualified ART Attorneys for Your Family’s Needs

Attorney Stephanie Brinkley is one of the most highly-regarded assisted reproductive technology attorneys in South Carolina and the nation. She is regularly called upon to speak to Inns of Court, judicial organizations, and other legal groups regarding the law and ART. She was also appointed Chair of the American Bar Association’s Assisted Reproduction Technology Committee for the 2022-2023 year.

Stephanie Brinkley is also a member of:

She, and the entire Brinkley Law Firm team, are committed to helping clients build families in a way that is ethical and legally sound. The road to parenthood can be a challenging, but ultimately joyful, journey. Get the legal help you need to minimize the uncertainty of the legal process and protect the future you envision for your family. To learn more about assisted reproductive technology and the law, contact Brinkley Law Firm, LLC to schedule a consultation.

Attorneys:  Stephanie M. Brinkley

In Vitro Fertilization (IVF)

Egg Donation is the process of acquiring healthy eggs from a donor who endures time consuming and invasive procedures. These procedures often require at least 10 visits to a clinic for screening and monitoring, self-administered injections at home, a… Read More
Attorneys: Stephanie M. Brinkley

Embryo Donation

Embryo donation is the relinquishment of fertilized eggs from donor parents who have been involved in the IVF process for their own medical reasons and who have remaining, unused fertilized eggs frozen in storage. Embryo donation alleviates the dilem… Read More
Attorneys: Stephanie M. Brinkley

Surrogacy

There are all kinds of ways to create a family, one of which is the surrogacy process. While surrogacy has a long history, for much of that time, the only type of surrogacy available was traditional surrogacy, in which the person carrying a pregnancy… Read More

Domestic Surrogacy

A gestational surrogate, or gestational carrier, is not genetically related to the child. The egg from the intended mother (or egg donor) and the sperm from the intended father (or sperm donor) are mixed and the embryos are implanted into the gestati… Read More
Attorneys: Stephanie M. Brinkley

International Surrogacy

There are many reasons why intended parents seek surrogacy in the United States. Whether the reason is political, religious, or financial, Brinkley Law Firm, LLC can help international parents with the legalities of creating a family through third-pa… Read More
Attorneys: Stephanie M. Brinkley

Adoption

We are prepared to assist future and existing parents who wish to grow or expand their families via private adoptions, agency adoptions, interstate adoptions, and step-parent adoptions. Our firm will also handle both contested and uncontested adoptio… Read More
Attorneys: Stephanie M. Brinkley