Fertility, Reproductive Medicine, Sexual Health & Wellness

Overview

The field of fertility law and reproductive rights and medicine has undergone a dynamic transformation in recent years, and the market continues to show robust growth. This expansion is driven by the introduction of new and innovative products and services, including direct-to-consumer diagnostic testing, cryo bank services related to sperm and ova preservation, and cutting-edge assisted reproductive technology (ART) services. These advancements empower patients and consumers to explore a wider range of options when assessing their fertility health and making plans for the future. The evolving landscape of reproductive law ensures that legal considerations align with the rapidly evolving field of reproductive medicine. 

We understand our clients’ unique needs and have the experience to handle matters ranging from regulatory and corporate structuring advice to capital raising and litigation issues. As a leading fertility law firm, we are committed to providing comprehensive support for all aspects of reproductive rights and fertility law. Our experienced team of fertility lawyers understands the nuances of your industry, with a deep bench of highly qualified attorneys ready to partner with you.

Representative experience

• Acting as general counsel to fertility clinics and physician practices on issues including: forming a network of fertility practices; advising on dispensing of pharmaceuticals and negotiating cryobank agreements for egg storage; following state and federal guidance on seeking patient authorization, HIPAA, and information blocking; securing licensing and certifications; addressing privacy breaches, drug diversion, and government investigations including the DEA and FDA; arranging for the disposition of stored tissue and the dissolution of the IVF practice
• Representing investors and private equity firms in capital investments in reproductive medicine and women’s health practices
• Representing a pharmaceutical company in its investments in research and development of labs that develop infertility treatments, and developing its affiliations with existing IVF and alternative therapies (acupuncture, cupping therapy)
• Working with startup entities and emerging companies focused on men’s health, cryobanking, Y-combinators, online prescriptions and products for birth control, and assisting organizations in compliance, transactions, trade secrets, IP, employment, GDPR, and HIPAA matters
• Collaborating with pharmaceutical companies, manufacturers, and clinical laboratories on a variety of matters such as prescription litigation, negligence claims with respect to paternity and drug testing, product liability matters involving fertility drugs, patent prosecution, counseling for pharmaceutical products to improve sexual health, and non-compete agreements relating to high-tech personalized care
• Working with universities, including research and technology transfer offices, regarding drafting, prosecuting, and protecting patents focused on microscopy techniques for selecting metabolically healthy eggs, sperm, and embryos, along with mitochondrial disease in the context of IVF and ART

Recognition

• Nixon Peabody has been named a Tier 1 National firm for Health Care Law in the 2025 edition of Best Law Firms® and in consecutive years prior; named “Law Firm of the Year” in Healthcare Law by Best Law Firms in 2016
• Named as a leading firm in Healthcare by Chambers USA in 2021; 31 healthcare lawyers ranked
• Recognized as a top law firm in Healthcare by the American Bar Association’s Health Law Section
• Ranked nationally as one of the largest healthcare firms by Modern Healthcare