Frequently Asked Questions

Whether the parties are known to one another or anonymous, we work with either the intended parent(s) or the donor(s) to draft a donation agreement. We are always sensitive to the emotion and logistics of the unique situation, customizing the legal agreement to individual preferences for anonymity, privacy, and future contact.

With multiple parties and attorneys involved, it generally takes two to three weeks for an initial donation agreement to be drafted, reviewed, fine-tuned, and signed and notarized by all parties. Once signed, one of the attorneys will notify the cryostorage facilities and fertility clinics that ownership of the donated genetic material has been legally transferred. It is vital for our clients to let us know if they need a contract completed by a particular date, as having clear expectations allow the attorneys to prioritize accordingly.

Generally, an egg or embryo donation agreement should address the following: 

• The number and location of embryos to be donated and any identifying information about them

• The agreement that all parties intend for the recipient parent(s) to raise and be the legal parent(s) of any baby born of the donation

• That all parties have undergone mental health counseling if required by their medical provider

• The types and amount of expenses the recipient parents agree to reimburse the donor, such as legal fees, medical costs for egg retrieval, embryo storage facility fees, required screening or testing costs, mental health counseling, and transport expenses

• Desire and nature of future communication and contact with each other 

• Risk and liability associated with egg and embryo donation

Each donation arrangement is as unique as the parties and embryos involved. This is why it is important to work with an attorney with experience in fertility law.

It is recommended that each party have their own legal counsel experienced in fertility law. This ensures that everyone is informed and advised of their rights with his or her best interests at heart. This way an attorney can evaluate your arrangement and provide legal advice that is specific to you. In fact, some medical clinics will not perform any procedures until they have confirmation that experienced fertility law attorneys have drafted and reviewed the donation agreement.

Our prices vary depending on the scope of our work. Visit our Contact page and fill out our inquiry form so that we can get back to you about pricing once we have more information about your needs.

It is unlikely, but it is possible. To avoid this, some intended parents, especially same-sex couples, decide to formalize their parental rights by obtaining a pre-birth order (also known as a “PBO”) from a court. This is because a birth certificate is not determinative of a person’s parental rights. Only a judge can make a final determination as to the parental rights of a child.

If intended parents are in need of egg or sperm, most often they are able to obtain genetic material from anonymous donors using a sperm or egg bank. When this occurs, an attorney may not be needed to draft a donation agreement. However, when parents want to use a known donor, such as a friend or family member, an attorney is needed to memorialize each person’s expectations, rights and responsibilities.