Laws regarding embryo donation vary from state to state. Having a knowledgeable embryo donation attorney review your Embryo Donation Agreement is a necessity. It is strongly suggested that the Intended Parents and the Donor Couple included in an embryo donation transaction have independent legal representation from experienced attorneys. The acquisition of embryos from one couple to another brings forth many legal and ethical issues to the table.
A legal contract between an embryo donor(s) and intended parent recipient(s) is a necessity for any third party embryo donation arrangement, whether the parties know each other’s identities or not. The purpose of the legal agreement is to set forth the parties’ expectations and intentions before, during, and after the embryo donation arrangement. These agreements should address everything the attorneys believe may be relevant to the parties’ intent. The following contractual terms are typically addressed in these agreements:
Purpose or facts of the agreement.
Representations and evaluations.
State laws that may be applicable.
The intent of the parties.
Legal representation of all parties.
Disposition of the embryos.
Future contact arrangements.
Assumption of risk.
Financial commitments and estate planning.
The necessity of a well-drafted, comprehensive embryo donation agreement is a crucial step for any person participating in an embryo donation arrangement. For more information on embryo donation representation, contact the Virginia Frank Law Firm.