Four questions to ask when choosing a fertility law attorney
Though a surrogacy agreement or embryo donation contract may peak the interest of lawyers practicing in other fields, it is not an area for just any lawyer to dabble in. Here are four key questions to ask an attorney to see if he or she is qualified to help with a fertility law matter. To draw out the most genuine answers, make sure to ask the lawyer open-ended questions, such as these:
What areas of law do you specialize in? Ideally, the lawyer’s answer would be that they specialize in fertility law, which is a very niche area of family law. Note that while all fertility lawyers practice family law, the majority of family law attorneys do not have experience in fertility law.
How long have you been practicing fertility law specifically? Only experience can provide a fertility lawyer with the legal knowledge, skill, thoroughness necessary to undertake representation. Are they in the first year of practicing fertility law? Is this their first fertility matter, ever? Don’t be someone’s guinea pig!
How many surrogacy or donation matters has he or she successfully completed? Can he or she affirmatively say she has successfully completed over 50 fertility matters? If not, it might be a good idea to keep searching.
What professional memberships is he or she a part of? Key affiliations for a fertility lawyer often include: the American Bar Association, the American Society for Reproductive Medicine (ASRM), the Society for Ethics in Egg Donation and Surrogacy (SEEDS), and the Academy of Adoption and Assisted Reproduction Attorneys (AAAA). This shows that the attorney is actively involved and allocates time and resources directly related to fertility law.
To recap, guidelines state that an attorney should be “experienced” in this niche area, or if not experienced, directly mentored by another fertility law attorney who does have experience. This area of law is highly technical, complicated and involves the lives and custody of children. This is the time to call in the expert!