![]() ![]() It is crucial that the recipient’s obligation to the embryos/resulting child is irrevocable once the embryos are created (or if an embryo donation arrangement, once the rights to the embryo(s) are transferred to the recipient(s)). If there is law in your particular state, make sure you are following the requirements of your state statute or case law. INTENT OF PARTIES: The agreement should unequivocally set forth the parties’ intent that the recipient(s) shall be the legal parent(s) of the child and donor(s) shall have no rights or obligations to any child conceived. Make sure you are working with an attorney licensed in the state whose law will apply to the agreement. ![]() Although the majority of states do not have legislation addressing egg or embryo donation, several states do, and if you are applying the law of one of these states you should reference the applicable statute or case law in the agreement and make sure you are in compliance with state law 1. STATE LAW: The agreement should reference any state law that may be applicable. Each party should undergo a medical and mental health evaluation/consultation to ensure that the party is an appropriate participant to the GDA and understands the medical and mental health risks. If the embryos were created by donated gametes, the agreement should reflect that the gamete donor was medically screened by a physician prior to the creation of the embryos and consented to the donation of embryos to third parties for reproductive purposes. REPRESENTATIONS AND EVALUATIONS: Each party should provide representations about his/her health status, and confirm that all of the information provided to the physician, mental health professional, other party or any other professional involved in the GDA is true and correct to the best of the party’s knowledge. ![]() Sometimes a batch of eggs or embryos (from one donor) are donated to two sets of intended parent(s) at one time, so it is important to designate which eggs or embryos will be transferred to which party (and separate agreements should exist between the donor(s) and each recipient). Often the transfer is not physical (i.e., the gametes or embryos remain in the same clinic), but ownership transfers upon the signing of the agreement. It is important to be very specific about how control of the gametes or embryos will transfer from donor(s) to intended parent(s). PURPOSE/FACTS: The agreement should contain a section defining each party and explaining the reason for the GDA and any other facts deemed pertinent to the agreement (name of fertility clinic, name of any matching entity if applicable, genetic make-up of embryos if it is an embryo donation arrangement, how many embryos are being donated, whether the gametes will be cryopreserved, and if so, where the gametes or embryos are stored, etc.). The following contractual terms are typically addressed in GDA agreements: GDA agreements should address everything the attorneys believe may be relevant to the parties’ intent. The purpose of the legal agreement is to set forth the parties’ expectations and intentions before, during and after the embryo or gamete donation arrangement (hereinafter referred to as “GDA”). Basic Elements of a Gamete/Embryo Donation AgreementĪ legal contract between gamete donor(s) (“donor(s)”) and intended parent recipient(s) (“recipient(s)”) is a necessity for any third party gamete or embryo donation arrangement, whether the parties know each other’s identities or not. ![]()
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