ARTS & Surrogacy Legal Services in Sioux Falls, SD

Our office is proud to assist in surrogacy matters involving intended parents, surrogates, married or unmarried couples, and donors (egg or sperm). Our attorney, Ken Tschetter, has substantial experience in assisting with the following matters: 

  • Egg or Sperm Donor Agreement 
  • Establishment of Parentage 
  • Gestational Carrier Agreement 
  • Pre-birth Orders 
  • Post-birth Orders
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Comprehensive Legal Support for ARTS & Surrogacy Matters

Our team has substantial experience assisting clients with various critical aspects of ART and surrogacy, including:

  • Egg or Sperm Donor Agreements: We draft and review comprehensive agreements that clarify the rights, responsibilities, and expectations of donors and intended parents, minimizing future disputes.
  • Establishment of Parentage: We guide families through legal processes to establish parentage, ensuring that intended parents have recognized legal rights from birth.
  • Gestational Carrier Agreements: Our attorneys prepare detailed contracts between intended parents and gestational carriers that address compensation, medical decisions, confidentiality, and other essential terms.
  • Pre-birth Orders: We assist in obtaining court orders that establish parentage and legal custody prior to the child’s birth, providing security and clarity for all parties involved.
  • Post-birth Orders: When pre-birth orders are not available, we help obtain post-birth orders that legally affirm parental rights and responsibilities after the child’s arrival.

Why Choose Tschetter & Adams for Your ARTS and Surrogacy Legal Needs?

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Specialized Knowledge: We understand the unique challenges and evolving laws surrounding reproductive technology and surrogacy.

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Tailored Solutions: Every family is different; we customize agreements and legal strategies to suit your specific circumstances.

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Protecting Your Rights: Our goal is to ensure all parties have clear, enforceable legal protections throughout the process.

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Compassionate Guidance: Building a family can be deeply personal and emotional. We provide empathetic support and education every step of the way.

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Comprehensive Representation: From contract drafting to court proceedings, we handle all legal aspects with professionalism and care.

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Contact Us for Experienced ARTS & Surrogacy Legal Assistance

If you are pursuing family building through assisted reproductive technology or surrogacy, trust Tschetter & Adams Law Office, P.C. to provide the knowledgeable legal advocacy you need.

Contact us today at 605-367-1013 to schedule a confidential consultation and learn how we can help you protect your rights and achieve your vision for parenthood with confidence.

Frequently Asked Questions About ARTS/Surrogacy 

  • Is South Dakota a Surrogacy friendly state?

    Yes.  Although South Dakota does not have statutes which directly address gestational surrogacy, Courts establish legal parentage through surrogacy in a pre-birth order process. 

  • Do I need separate counsel for a surrogacy contract?

    Yes, both surrogate and intended parents should have separate legal representation to prepare the gestational carrier agreement.

  • After the surrogate is pregnant, how does the legal process for parentage work?

    Legal parentage is secured in South Dakota through a pre-birth order (or Judgment of Parentage) that recognizes intended parents, regardless of their sexual orientation, marital status, or biological connection to the child.  In certain cases, a post-birth Judgment of Parentage may also be necessary.

  • Are there residency requirements?

    At least one party (the surrogate or the intended parents) must reside in the state, or the birth must take place in South Dakota, to ensure proper legal jurisdiction.  

  • What about LGBTQ+ surrogacy?

    Yes, South Dakota allows surrogacy for LGBTQ+ individuals and same-sex couples, with similar legal procedures for establishing parentage as for heterosexual couples.