Intended Parents are the individuals in an assisted reproduction matter who all agree will raise the child born from the particular assisted reproductive technology procedure(s) used. Depending on the circumstances, one or both of the intended parents may also be the genetic parents of the child (e.g., husband and wife use their own sperm and egg to create an embryo carried by a gestational carrier, or wife carriers an embryo created from her egg and her husband’s donated sperm).
Under New York law, most intended parents, even if they are also the genetic parents, must take steps, in addition to having appropriate contracts drafted and signed before the procedure(s), to have their parental rights recognized and protected. For example:
- If both intended parents are the genetic parents of a child born to a gestational carrier, they must pursue a maternity/paternity action
- If either or both of the intended parents are not also the genetic parents of the child born to a gestational carrier (as is always the case for a same-sex male couples), they must pursue an adoption after the birth
- If a known sperm donor is used by a same-sex female couple, the non-biological intended mother should adopt the child even though she will be listed on the birth certificate, if she is married to the genetic mother