August 2022 Attorney feature of the Month- Katharine Hamilton


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"One in eight couples struggle with infertility and as an attorney specializing in fertility law, Katharine is able to assist them in their journeys of having another woman carry their baby." 

Our Montana lawyers work tirelessly every day to better the lives of the citizens of our beautiful state. All humans are created equal, and each one of us deserves the right to obtain legal justice. Attorneys are a fundamental part of society — they protect those who are harmed and defend those who are accused. Each month, Foust Law Office features a local lawyer who gets up every single day, ready to assist individuals, groups, and organizations in furthering the
public good.

Katharine Hamilton, attorney, and founder of Embaby Fertility Law PLLC, has a true passion for making people’s dreams come true. One in eight couples struggle with infertility and as an
attorney specializing in fertility law, Katharine is able to assist them in their journeys of having
another woman carry their baby. Before the baby is born, she draws up all of the contracts and
court orders. “It’s like helping to facilitate an adoption, except we are doing it on the conception
end,” Katharine says. “My work brings me a lot of joy in helping others have babies and create
families.” 

Having grown up in Juno, Alaska, Katharine moved to Bozeman, Montana in 2005 to attend
Montana State University. Her motivation to enter the law field was inspired by her father — a
city prosecutor in both Juno and Seattle for 40 years. “Seeing the impact that he made in
people’s lives directed me to law,” Katharine tells us. 

When Katharine first attended law school, she started out in general practice and then shifted to
family law. It wasn’t until a friend of hers (who had been in a car accident and was unable to
have children as a result) came to her in 2015, asking if she’d be able to help with the legal side
of surrogacy. Katharine did extensive research and attended a law conference on surrogacy
and became captivated — she couldn’t get enough! Eventually, after successfully helping out
her friend, she received many referrals and the rest is history! 

Katharine is extremely diligent and detailed in her work, as the contracts are long. She
anticipates everything from pre-embryo transfer to the pregnancy to after the baby’s delivery.
There are many moving pieces and the process is detailed and involved, but Katharine is the
best attorney for the job! 

If you or someone you know is passionate about embryo donation and/or surrogacy, at Embaby
Fertility Law, initial consultations are free. Katharine advises that you reach out in the beginning stages so she can direct you to the right resources to best facilitate the process. 

An interesting fact about Katharine is that she is dual-licensed — not only does she have her
law license, but she is a real estate agent with Coldwell Banker as well and finds that helping
people to find their dream homes is exceptionally rewarding as well. 

In her free time, she loves spending time with her husband and two boys, ages two and three,
who keep her on her toes any time she’s not in the office! Katharine, you are an inspiration to us
all and we thank you for helping our community to build families and find homes for them to live in as well!