Legal Definitions - ART

ART stands for Alternative Reproductive Technology.

Alternative Reproductive Technology (ART) refers to a collection of medical procedures and treatments designed to help individuals or couples achieve pregnancy when natural conception is not possible or advisable. These technologies typically involve the handling of human eggs, sperm, or embryos outside the body to facilitate fertilization and implantation. ART provides pathways to parenthood for those facing infertility, single individuals, or same-sex couples.

• Example 1: In Vitro Fertilization (IVF) for a couple with fertility challenges.

  Scenario: Maria and Ben have been trying to conceive for several years. After medical evaluation, doctors discover that Ben has a low sperm count, making natural conception difficult.

  Explanation: To overcome this, they decide to undergo In Vitro Fertilization (IVF). This process involves retrieving Maria's eggs and Ben's sperm, fertilizing them in a laboratory dish, and then transferring the resulting embryos directly into Maria's uterus. Because this procedure involves the external handling of both gametes (sperm and eggs) and embryos to achieve pregnancy, it is a clear application of Alternative Reproductive Technology.

• Example 2: Donor Eggs for an individual with ovarian insufficiency.

  Scenario: Sarah, who is in her early 40s, has been diagnosed with premature ovarian insufficiency, meaning her ovaries are no longer producing viable eggs.

  Explanation: Sarah wishes to carry a pregnancy. She chooses to use donor eggs from a younger woman. The donor eggs are fertilized with sperm from Sarah's partner (or donor sperm) in a laboratory, and the resulting embryos are then transferred into Sarah's uterus. The use of donor gametes (eggs) combined with medical intervention to create and implant embryos falls under the definition of Alternative Reproductive Technology.

• Example 3: Gestational Surrogacy for a same-sex male couple.

  Scenario: David and Michael, a married same-sex male couple, wish to have a biological child that is genetically related to one of them.

  Explanation: They decide to use a gestational surrogate. David provides sperm, which is used to fertilize donor eggs in a laboratory. The resulting embryos are then transferred into the uterus of a gestational surrogate, who carries the pregnancy to term for them. This process, which involves the creation of embryos outside the body using donor gametes and the transfer to a third-party carrier, is a comprehensive example of Alternative Reproductive Technology.