Glossary

from The American Bar Association’s Model Act Governing Assisted Reproduction (2019)

ARTICLE 1. GENERAL PROVISIONS

SECTION 102. DEFINITIONS

ART Storage Facility

A licensed facility that stores reproductive, biological, or genetic material used in Assisted Reproductive Technology (“ART”), and is in compliance with the Fertility Clinic and Certification and Success Rate Act of 1992 (FCSRCA, or Public Law 102-493)

Assisted Reproduction

A method of causing pregnancy through means other than by sexual intercourse. In the foregoing context, the term includes, but is not limited to:

(a) Intrauterine or intracervical insemination;
(b) Donation of eggs or sperm;
(c) Donation of Embryos;
(d) In vitro fertilization (“IVF”) and Embryo Transfer; and
(e) Intracytoplasmic sperm injection

Assisted Reproductive Technology (ART):

Includes a range of methods used to circumvent human infertility, including in vitro fertilisation (IVF), embryo transfer (ET), gamete intra-fallopian transfer (GIFT), artificial insemination (AI), all manipulative procedures involving gametes and embryos and treatment to induce ovulation or spermatogenesis when used in conjunction with the above methods. (NHMRC Ethical guidelines on assisted reproductive technology 1996)

ASRM

The American Society for Reproductive Medicine

Child

An individual born pursuant to Assisted Reproduction whose parentage may be determined under this Act or other law

Collaborative Reproduction

Any Assisted Reproduction in which an individual other than an Intended Parent provides genetic material or any Assisted Reproduction involving a Gestational or Genetic Surrogate

Compensation

Payment of any valuable consideration for time, effort, pain and/or risk

Consultation

A meeting with a licensed mental health professional for the purpose of counseling and educating the Participant in accordance with ASRM guidelines about the effects and potential consequences of their participation in any ART procedure

Court

The appropriate court with competent jurisdiction as determined by the State

Donor

An individual, including an Embryo Donor or a Genetic Surrogate, who provides gametes for Assisted Reproduction. The term does not include: (a) an Intended Parent who provides gametes to be used for Assisted Reproduction; (b) a woman who gives birth to a Child by means of Assisted Reproduction except as otherwise provided in Article 6; or (c) a Parent under Article 6 or an Intended Parent under Article 7

Embryo

A fertilized egg that has the potential to develop into a fetus if transferred into a uterus

Embryo Donor

An individual who transfers ownership of an Embryo to another and intends to have no parental rights or obligations to the resulting Child

Embryo Transfer

(also referred to herein as “Transfer”) The placement of an Embryo into a uterus

Escrow Account

An independent, insured, bonded escrow depository maintained by a licensed, independent, bonded escrow company; or an insured trust account maintained by an attorney.

(a) For purposes of this section, a non-attorney ART agency may not have a financial interest in any escrow company holding client funds. A non-attorney ART agency and any of its officers, managers, owners of more than 5% ownership interest, directors or employees shall not be an agent of any escrow company holding client funds; and

(b) Client funds may only be disbursed as set forth in the assisted reproduction agreement and the fund management agreement between the Intended Parent(s) and the Escrow Account holder.

Evaluation

A consultation with and, where required by this Act, an assessment in accordance with ASRM guidelines as to whether a Participant is cleared to proceed with participation in any ART procedure

Gamete

A cell containing a haploid complement of DNA that has the potential to form an Embryo when combined with another Gamete. Sperm and eggs are Gametes. A Gamete may consist of nuclear DNA from one human being combined with the cytoplasm, including cytoplasmic DNA, of another human being

Gamete Provider

An individual who provides sperm or eggs for use in Assisted Reproduction

Genetic Surrogate

An adult, not an Intended Parent, who enters into a Surrogacy Agreement to bear a Child and who is a Gamete Provider for the Child

Genetic Surrogacy Agreement

A written contract between Intended Parent(s) and a Genetic Surrogate

Genetic Surrogacy Arrangement

The process by which a Genetic Surrogate intends to carry and give birth to a Child

Gestational Surrogate

An adult, not an Intended Parent, who enters into a Surrogacy Agreement to bear a Child and who is not a Gamete Provider for the Child

Gestational Surrogacy Agreement

A written contract between Intended Parent(s) and a Gestational Surrogate

Gestational Surrogacy Arrangement

The process by which a Gestational Surrogate intends to carry and give birth to a Child

Independent Legal Representation

(also referred to herein as “Independent Legal Counsel”) representation of the Participants by separate legal counsel as required by the applicable rules of professional responsibility

Infertility

The definition of such term as set forth in the most recent International Glossary on Infertility and Fertility Care published by ASRM, or if ASRM shall discontinue such publication and shall not adopt or promulgate a successor definition, the clinical definition of such term set forth in the most recent Revised Glossary of ART Terminology published by the World Health Organization

Intended Parent

An individual who intends to be legally bound as a Parent of the Child

Legal Spouse

An Intended Parent, a Donor, a Gestational or Genetic Surrogate, and the Legal Spouse of any of the foregoing, if applicable, who is involved in Collaborative Reproduction under this Act

Medical Evaluation

A consultation with and an evaluation by a physician

Medical Information

Any protected individually identifiable health information obtained by a health care Provider in the course of Medical Evaluation, Consultation, diagnosis, or treatment

Mental Health Counseling

Additional Consultation(s) after an initial Consultation for the purpose of advising and supporting the Participant throughout the implementation of any ART procedure

Mental Health Evaluation

A Consultation with and an evaluation by a mental health professional meeting the requirements of Section 301

Parent

An individual who has established a Parent-Child Relationship under this Act or other applicable law

Parent-Child Relationship

The legal relationship between the Child and a Parent of the Child

Participant

An Intended Parent, a Donor, a Gestational or Genetic Surrogate, and the Legal Spouse of any of the foregoing, if applicable, who is involved in Collaborative Reproduction under this Act

Patient

An individual participating in Assisted Reproduction under the direction of a Provider

Physician

An individual licensed to practice medicine

Provider

An individual, including all medical, psychological, or counseling professionals: (a) licensed to administer health care; (b) who is qualified under this Act to provide Assisted Reproduction services; and (c) has a Provider-Patient relationship with a Participant. Any professional corporation or corporation licensed by the State to provide health care, of which a Provider is an owner or employee, is also a Provider

Record

Information inscribed in a tangible medium or stored in an electronic or other medium that is retrievable in perceivable form

Retrieval

The procurement of eggs or sperm from a Gamete Provider.

State

A State of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States

Surrogacy Agreement

A written contract between Intended Parent(s) and a Gestational or Genetic Surrogate

Surrogacy Arrangement

The process by which a Gestational or Genetic Surrogate intends to carry and give birth to a Child

Transfer

A procedure for Assisted Reproduction by which an Embryo or sperm is placed into the body of the individual who will give birth to a Child

Reproductive Legal Resources