Legal Definitions - Uniform Status of Children of Assisted Conception Act

The Uniform Status of Children of Assisted Conception Act is a model statute, meaning it is a template law proposed for adoption by individual U.S. states. Its primary purpose is to establish clear and consistent legal rules regarding who is considered the legal parent of a child conceived through assisted reproductive technologies (ART), such as in vitro fertilization (IVF), artificial insemination, or surrogacy.

The Act aims to remove legal ambiguities that can arise when conception occurs outside of traditional means, ensuring that children born through these methods have a secure legal parentage from birth. It also provides states with options for how to address and regulate, or even prohibit, contracts involving surrogate mothers.

Here are some examples illustrating how this Act would apply:

• Example 1: A Married Couple Using IVF with Their Own Genetic Material
  Sarah and Mark, a married couple, struggle with infertility and decide to undergo in vitro fertilization (IVF) using Sarah's eggs and Mark's sperm. Sarah successfully carries the pregnancy to term and gives birth to their daughter. In a state that has adopted the Uniform Status of Children of Assisted Conception Act, the law would clearly establish Sarah and Mark as the legal parents of their child from the moment of birth. This prevents any potential legal questions about their parentage, even though medical intervention was used for conception, ensuring their rights and responsibilities are recognized without dispute.

• Example 2: A Single Individual Using a Sperm Donor
  David, a single man, wishes to become a father and uses a known sperm donor through a licensed fertility clinic. The donor signs an agreement relinquishing any parental rights. If David's state has adopted this Act, it would provide a legal framework to recognize David as the sole legal parent of the child. It would also clarify that the sperm donor has no legal parental rights or obligations, provided the donation was made in accordance with the Act's provisions. This ensures legal certainty for David and the child regarding parentage and support.

• Example 3: A Couple Using a Gestational Surrogate
  Maria and Elena, a same-sex couple, want to have a child. They create an embryo using Maria's egg and donor sperm, and then enter into a gestational surrogacy agreement with another woman, Jessica, who agrees to carry the pregnancy. In a state that has adopted the Uniform Status of Children of Assisted Conception Act and permits gestational surrogacy, the Act would allow Maria and Elena to be declared the legal parents of the child from birth, typically through a pre-birth order. This ensures that Jessica, the gestational carrier, is not considered the legal mother, and Maria and Elena's parental rights are established immediately, avoiding the need for a post-birth adoption process.