Understanding Embryo Donation Contracts
Embryo donor contracts are legal, written agreements between the intended parents and the Embryo donor that state the rights and obligations of both parties throughout the arrangement. These contracts are separate from donor agency contracts and are customized to the preferences of both parties. They might include such specifications as future contact with resulting children, anonymity preferences, privacy considerations, use and disposition of donated embryos, or any number of other provisions based on the unique case.
It is critical to have a contract in place that is compliant with local laws and that protects the rights of all parties. Choosing a seasoned fertility lawyer like the ones at Klein Fertility Law is an important part of this process, as we have the knowledge necessary to create effective contracts and a positive experience for our clients. We also believe that everyone deserves a family, so we will advocate for your rights in accordance with your state’s specific laws.
What should be included in the Embryo Donation Contract?
Embryo donor contracts should include the following specific elements:
- Establishment of the intent, rights, and obligations of both the intended parents and the Embryo donor(s)
- Specification of the intended parents’ legal control over the donated Embryo(s), including what to do or not do with any unused embryos that were donated to the intended parents
- Agreement on case-specific terms such as the number of embryos being donated, quality of the donated embryos, future contact with resulting children, and details about where the embryos are stored and how.
- Written resolutions for potential risks, liabilities, and conflicts
It is in your best interest to consult with an experienced fertility law firm like Klein Fertility Law when you are looking for a Embryo donation contract. Fertility law is a unique field that requires a breadth of knowledge and deep understanding that can only be gained through experience and relationship building. It is critical that your attorney knows how to properly draft this specific type of fertility contract.
Firms that are less familiar with Embryo donation will rely on general, templated language that can be vague and lead to issues later on in the process. Klein Fertility Law’s 30+ years of experience in building, updating, and refining Embryo donor contracts ensures that your agreement fully protects the rights of your family.
What is the difference between “open” and “closed” Embryo donation?
The term “open”, “semi-open” and “closed” Embryo donation have different meanings to different agencies, fertility clinics, and attorneys. Generally speaking, an open arrangement is one where the parties know each other’s full identity and anticipate some form of future contact with one another and possibly any resulting children. A closed arrangement is one where the parties expect total anonymity and no future contact. A Semi-open refers to a situation somewhere in the middle, usually where the parties have limited information about the other, and they may be open to future communication with the help of a third party - such as their agency or fertility clinic.
An experienced fertility attorney like Klein Fertility Law is important to help you understand the different options, and to make sure your Embryo donation contract is clearly written to establish clear guidelines for these arrangements.
Can I copy a sample Embryo donor contract or template?
Using a sample Embryo donor contract is not recommended and may jeopardize your ability to secure your parental rights, may expose you to unwanted liability, including criminal liability, and may leave you subject to unexpected risks. Sample contracts posted online should be used for reference only.
Consulting with a trained fertility lawyer is important because each Embryo donor situation is different. With Klein Fertility Law, you can be sure that we will draft a binding contract that caters to your unique circumstances, anticipates conflicts, provides clear resolutions, and protects you from unexpected legal problems after your baby is born.