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What You Need To Know About Embryo Donation Agreements

At Fertility & Surrogacy Legal Group, APC, we work with both the intended parents and the embryo donor. Each party must retain separate counsel, but we can represent either party. While this is an exciting time, it involves a lot of legal documents that must be properly handled. Our goal is to make this process as simple as possible in order to get things moving. We are here to answer all of your questions from beginning to end.

A General Overview Of The Process

The purpose of an embryo donation agreement is to make sure everyone is on the same page. There are certain obligations that each party must fulfill. With those clearly laid out, it makes for an easier, smoother transition. Agreements are also unique to each client’s specific situation. What might work for one family may not work for another. This is why our firm offers tailored solutions. From whose insurance will cover medical costs to future contact concerning the resulting child, everything is listed in this agreement.

While we help families throughout the country, it is important to know that there are specific laws for each state. Our extensive knowledge in this practice area, combined with our nationwide network, can guarantee you comply with the law. The main difference between adoption and an embryo donation agreement is the definition of life. In adoption cases, the child is already born. Embryos are considered property. This is one way the legal system can be even more confusing, making it necessary to hire an experienced attorney.

How Is Embryo Donation Different From Egg Donation?

With egg donation, the donor is only providing eggs. The donor has no further obligation or involvement. Typically, egg donors don’t have any say in how their eggs are used.

Embryo donation arises from the in vitro fertilization (IVF) process. IVF involves the creation of multiple embryos to ensure a successful implantation. Often, there are many leftover embryos. Those with legal rights to the embryos – typically, the intended parents – can decide to donate them for use by others seeking to have children.

The Main Elements Of An Embryo Donation Agreement

A rock-solid embryo donation agreement is essential. These agreements should address, at a minimum:

  • An express release of any parental rights that the donors may have over the embryos
  • Compensation for any medical screenings and embryo storage
  • Limitations on the use of donated embryos
  • Disposition of any unused embryos
  • Anonymity of the donors
  • Resolution of any potential complications or disagreements
  • Whether the donors have the right to revoke the agreement, and under what circumstances

Our lawyers have the skills and experience to craft thorough embryo donation agreements that provide ample legal protections as well as clarity and transparency.

What Are The Risks Of Not Having A Legal Agreement In Place?

Without an embryo donation agreement, both donors and intended parents may face significant legal hurdles. Those risks include:

  • Custody battles over any children resulting from the donated embryos
  • Legal disputes over the use and disposal of embryos
  • Use of the embryos in a manner unanticipated by the donors

Given these risks, if you’re considering embryo donation, please don’t proceed without consulting a knowledgeable lawyer.

How Much Do Embryo Donation Agreements Cost?

At Fertility & Surrogacy Legal Group, APC, we charge intended parent(s) $600 for the drafting and negotiation of embryo transfer donor agreements. For a review of the agreement for donors, we charge $450.

For More Information, Call Our Office Today

The sooner you get this process started, the closer you are to completing the family of your dreams or helping someone else do so. Call our office in San Diego at 619-329-4411 to schedule a free consultation today.