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CHA Law

Reproductive

Texas Reproductive Law

Christine Henry Andresen represents clients in legal matters related to reproductive law in Texas. Reproductive law is also known as surrogacy law, gestational law, or ART law (assisted reproductive technology law).

Christine is a ART fellow of the American Academy of Assisted Reproductive Technology Attorneys, one of only eleven in the state of Texas. She has given talks and trainings about ART law for the University of Texas at Austin and for the Travis County Judges and Staff Attorneys.

Areas of Reproductive Law

  • Assisted Reproductive Technology Law

    CHA Law Group represents the whole range of people involved in creative family-building using any method of assisted reproductive technology:

    • Intended Parents: Opposite Sex Couples, Same Sex Couples, Single Persons
    • Surrogates: Gestational Surrogates, Traditional Surrogates
    • Donors: Egg Donors, Sperm Donors

    Know of any recent technological advances in assisted reproduction? Please contact CHA Law Group to schedule a consultation to discuss legal options and necessary protections for any issues related to pregnancy and reproduction you don’t find on our website.

    • Reciprocal IVF in Texas

      I’m getting pregnant with my girlfriend’s egg and a donor’s sperm—what does Texas law have to say about that?

      While “Texas” might prefer that that didn’t happen, here at CHA Law Group we celebrate every and any way that creative people figure out how to build a loving family. That said, we also recommend you put some legal paperwork in the mix.

      CHA Law Helps Lesbian Couples Compose Legal Agreements for Reciprocal IVF in Texas

      Specifically, CHA Law Group recommends that lesbian couples in Texas doing reciprocal IVF draw up a legal agreement that establishes and protects each partner’s rights and responsibilities to the baby-to-be. And then after the birth, these agreements can be further strengthened by obtaining court orders that confirm that both the biological mother and the mother who carries the child both end up as legal parents. In cases where a known donor is used, a legal agreement is especially important in the state of Texas… or anywhere that isn’t used to modern family combinations.

      At CHA Law Group, our motto is to hope for the best for our clients’ families, and to throw in some solid legal planning. Contact us to help develop a family plan that honors your family plan.

    • Gestational Agreements in Texas

      We’re hiring a gestational carrier to carry our baby—do we have any rights before the baby is born?

      Yes! A Texas couple that hires a gestational carrier (also known as a gestational surrogate or gestational mother) to carry their child to term has two important rights. The intended parents have the right to enter into a gestational agreement with the gestational carrier, and to have a court validate the agreement and declare that the intended parents will be the legal parents of a child born under the agreement.

      Attorney Christine Andresen Drafts Gestational Agreements for Texas Parents-To-Be

      In order to protect the intended parents, CHA Law Group will:
      • Prepare the agreement
      • In cases where someone else has prepared the agreement, Christine will review the document and advise parties of their rights under it (and, if the agreement is not yet in effect, help to negotiate any problematic terms)
      • Represent parties in the validation hearing
      • Help the intended parents ensure that their names are placed on the birth certificate
      • Help with any other legal matters that arise

      Have you found a welcome womb? Please make sure that all of your rights are established as soon as possible to avoid complications down the pregnancy road. Contact CHA Law to get a gestational agreement started.

       

    • Sperm Donation Agreements in Texas

      Is a sperm donor automatically considered the father in Texas?
      It depends. Is the donor anonymous or known?

      Texas statutes are crystal clear that a child conceived through anonymous donor sperm obtained from a licensed physician has no legal father. The situation is less clear when a known sperm donor is used.

      Known Sperm Donor Agreements Establish Parental Rights in Texas

      A known donor in Texas could be either be legally considered a mere donor or, if the parties are not careful, could be a legal parent. The case law is clear that courts are strongly guided by the agreement made between the known sperm donor and the mother around the time of donation. This means that the best protection for intended mothers who wish to use a sperm donor is to use a Known Sperm Donor Agreement (or contract) that conforms closely to the laws of Texas regarding sperm donors, gestational agreements, etc. Additional protection can be gained by using a doctor as middle-man, having the donor execute a Waiver of Interest in Child, and depending on the circumstances, a court order obtained after the birth of the child.

      Are you heading down the path of insemination with a known donor in Texas? Please contact us to discuss what kind of agreements you should establish with the donor before you get out the turkey baster.

    • Egg Donation Agreements in Texas

      Egg donation agreements are important for both the recipients and the donors in the state of Texas.

      I’m going to use an egg donor to get pregnant—do I need a legal agreement?

      A couple or single person contemplating using an ovum donor, also known as an egg donor, is wise to have an attorney prepare an egg donation agreement. CHA Law Group will:

      • Prepare the agreement
      • If someone else has prepared the agreement, we will review this document and advise parties of their rights under it (and, if the agreement is not yet in effect, help to negotiate any problematic terms)
      • Help with any other legal matters that arise

      I’m donating one of my eggs to a couple trying to get pregnant—do I need to talk to a lawyer?

      Donors should make sure such a contract is worded a certain way so as to not have negative tax implications on compensation received.

      CHA Law Group has experience making sure both egg donors and recipients are fully protected. If you’re involved in egg donation from either side, consult with us to make sure your best interests are covered.

    • Embryo Donation Agreements in Texas

      Our fertility doctor said that embryo donation might be a good solution for us—what are the legal guidelines we need to follow in Texas?

      It depends on which type of embryo donation situation you are in.

      With an anonymous embryo donation, an embryo is obtained by a fertility clinic or doctor’s office and donated to a couple anonymously. Because the embryos were donated anonymously by a couple with no past or future relationship with the intended parents, there is almost definitely no need for a legal agreement. (Note: you may want to ask the medical facility to ask donors to complete family/medical history, though. This can be easier to get for recently donated embryos, and more difficult later in time as contact info becomes outdated.)

      Make Sure You are Specified as the Legal Parent with a Known Embryo Donation Agreement

      When a couple known to the intended parents is donating their embryo, this is called a known embryo donation and there are more potential legal implications. If this is your situation, it’s best to hire an attorney with ART experience to set out the terms of the arrangement, confirming who the intended parents are, that the embryo donors are donors and not legal parents, among other considerations.

      Couples going through fertility treatments may be so sick of their frequent visits to the doctors’ office that the last thing they want to do is go for another appointment. As a lawyer with a lot of reproductive law experience, however, Christine Andresen highly recommends you come in for a consultation to make sure your family is fully protected.

Testimonials

I am a single gay man who became a dad through surrogacy. Christine helped me evaluate my surrogate from a legal perspective, established a plan and a backup plan, produced a coherent contract, and saw things through to completion. It felt great when at the end of the road Christine called me on Skype so I could appear (barefoot in my pajama bottoms) with my twins in New York before a judge in Texas so he could conclude my case by saying, “Those girls are yours for ever and ever.”

Rabbi Joel Alter

Communicative, professional and responsive.

We were “working” with an attorney in Dallas for 6 weeks with no progress and horrible communication. We fired them and signed on with Christine.  She and her team were exceptional. We were working on a tight timeline and they delivered. Extremely communicative, professional and responsive. We are so happy we made the switch and will recommend her firm to anyone in TX that needs family law assistance.

Tammi DeVille Merrell

4103 Menchaca Road
Austin, Texas 78704
512.394.4230

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