Understanding Embryo Donation Contracts

An embryo donation contract is a written agreement between the intended parents and the embryo donor(s). This contract clearly outlines the rights, responsibilities and obligations of all parties and is tailored to reflect their customized terms and preferences. A well drafted embryo donation contract will address specifications such as future communication with any resulting children, anonymity preferences, privacy issues, guidelines for future use of any remaining embryos, and more.

Embryo donor contracts are designed to comply with associated laws, establish and protect the rights of all parties involved. The experienced fertility lawyers at Klein Fertility Law ensure that intended parents and embryo donor(s) will enter into a comprehensive embryo donation contract that meets the needs of our clients, protects all parties and is compliant with the law.

What should an embryo donation contract include?

Embryo donation contracts should include some of the following key components:

1. Intent, rights, and obligations of both the intended parents and the embryo donor(s).
2. Establishment of any financial obligations for embryo storage fees, embryo transportation fees, any required FDA testing, etc.
3. Legal ownership and parental rights of any donated embryos and any children born as a result of the donated embryos.
4. Disposition of any remaining embryos that are not transferred (future donation, discard embryos, donate for research).
5. Future contact/communication between the parties and any children resulting from the donation.
6. Potential risks, liabilities, and resolutions for conflicts.

When pursuing an embryo donation arrangement, it is imperative that you consult with an experienced fertility law firm like Klein Fertility Law. Fertility law is unique, and it requires a deep understanding and experience. Klein Fertility Law has over 35 years of experience drafting, updating, and refining embryo donation contracts. Protecting your family is our greatest priority, and we are here to seamlessly guide you through every step.

What is an “open” versus a “closed” embryo donation?

Different agencies, fertility clinics, and attorneys have different meanings for the terms open, semi-open, and closed embryo donation. Generally, an open arrangement is one where the intended parents and the embryo donor(s) know each other's identities and anticipate some form of future contact with one another. A closed arrangement is one of total anonymity and no future contact. A semi-open arrangement falls somewhere in the middle. The parties may have some information about each other, and they may be open to future communication with help from their agency or fertility clinic. The experienced team at Klein Fertility Law can help you understand each option and ensure your embryo donation contract establishes clear guidelines for these arrangements.

Can I use a sample embryo donation contract I found online?

We do not recommend using a sample embryo donation contract, as this could jeopardize parental rights, expose you to unwanted liabilities, and leave you vulnerable to unexpected risks. You could use a sample embryo donation contract as reference only.

Embryo Donation Contract FAQs

 Why are embryo donation contracts important?

Embryo donation contracts outline the rights, responsibilities and obligations of all parties involved protecting everyone throughout all aspects of the embryo donation process.

 What are the benefits of an embryo donation contract for the intended parents?

For intended parents, embryo donation contracts establish the transfer of embryo ownership and parental rights to any children born as a result of the embryo donation.

 Does an embryo donation contract address future contact?

Yes, a well drafted embryo donation contract will include language that is specific to future contact between the parties and any children resulting from the donation. It will detail whether the arrangement is open, semi-open, or closed, and it will outline the forms of communication that are permitted and whether a third party, such as an agency or fertility clinic, will facilitate that communication.

 Do embryo donation contract laws vary by state?

In the United States, laws regarding embryo donation and parental rights vary by state. Regardless of state law, you should always pursue an embryo donation arrangement with an embryo donation contract drafted by an expert like those at Klein Fertility Law.

 Why should intended parents work with a fertility lawyer for embryo donation?

Fertility law can be complex. To fully understand the legal complexities and protect rights, intended parents should always consult a fertility lawyer who specializes in this specific area of law.