Embryo Donation Agreements

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Embryo Donation Agreements: Your Legal Partner from Day One

Choosing to build a family through embryo donation is an exciting and hopeful step. It is also a journey filled with important legal decisions. The strongest foundation you can create for your family’s future is a clear, legally sound agreement—and it’s essential to get it right from the very beginning.

At Fertility & Surrogacy Legal Group (FSLG), our mission is to be your first point of contact for legal guidance. We believe in providing advice “from GO,” not just at the contracting stage, to give you the clarity and protection you need to move forward with confidence.

Ready to start your journey with legal peace of mind?

Securing Your Future: Why an Embryo Donation Agreement is Your Best Protection

A legal agreement isn’t just a document; it’s your legal safety net. The law considers embryos as property, and this crucial distinction from traditional adoption can make the legal system confusing. A clear agreement helps ensure there’s no confusion about roles, responsibilities, or future decisions. Without one, both intended parents and donors face the risk of custody battles or disputes over the use and disposal of embryos.

For Aspiring Parents

  • Legal Parentage: Ensure you are legally recognized as the parent(s) from day one.
  • Risk Prevention: Avoid the costly and emotional burden of future disputes.
  • Clarity on Terms: Get a clear outline of everything from ownership of genetic material to disclosure of personal information and future contact terms.

For Embryo Donors

  • Parental Rights Dissolution: Secure legal assurance that you have no parental rights or responsibilities for the child.
  • Defined Terms: Clearly outline what happens to any remaining embryos to prevent future uncertainty.
  • Confidence in Your Contribution: Give your gift with clarity, knowing your legal standing is protected.

What an FSLG Embryo Donation Agreement Covers

Every donor arrangement is unique, but there are key legal areas that must always be addressed. Our team drafts customized, legally enforceable agreements that are tailored to your specific situation, whether you are working with a known or anonymous donor. Your agreement will cover:

  • Parental Rights and Legal Parentage: Clearly establish who will be recognized as the legal parent(s) and that the donor waives all parental rights.
  • Donor Identity & Future Contact: Define the level of anonymity or, for “open” arrangements, specify terms for future contact.
  • Medical & Genetic Information: Include all required health screenings and relevant medical history for transparency.
  • Financial Terms & Compensation: Clearly outline any compensation or reimbursement for expenses, such as embryo storage.
  • Disposition of Genetic Material: Create a clear plan for the storage or disposition of any unused genetic material, if applicable.
  • Dispute Resolution: Include a clause for handling disagreements fairly and with minimal stress.

Why Families Trust FSLG

“We had great experiences working with Fertility & Surrogacy Legal group for a donor agreement…I’m glad we spoke BEFORE starting the process because his advice saved us a lot of money and frustration… We are forever grateful for the expertise, guidance, and support you gave us navigating the legal aspects of becoming parents through assisted reproduction.”

 Julianna N. (On Yelp)

Think of FSLG as your legal safety net. With a practice focused exclusively on fertility and surrogacy law, our attorneys bring unmatched depth of knowledge and a proven record of success.

  • Nationwide & International Expertise: Agreements are crafted to comply with varying U.S. state laws and cross-border requirements. Our firm is licensed in multiple states, and we have of-counsel arrangements that allow us to provide guidance in every state.
  • Proactive & Compassionate Guidance: Our attorneys guide you from day one to help you avoid legal pitfalls before they arise. We demystify the process so you feel empowered and supported.
  • Efficiency & Speed: Our efficient, hassle-free process is well-known. We pride ourselves on fast and “drama-free service”.

Ready for Legal Peace of Mind?

The earlier you secure your agreement, the more confident you’ll feel moving forward. FSLG is here to ensure every detail is clear and every right is protected.

Prefer to speak directly? 📞 Call us at 619-309-2310 Or fill out our secure form below.

Frequently Asked Questions About Embryo Donation Agreements

How is embryo donation different from egg donation?

With egg donation, the donor is only providing eggs. In embryo donation, the donor transfers full ownership of pre-existing, fertilized embryos, often created during the IVF process.

How is embryo donation different from adoption?

The main difference is the legal definition of life. In adoption cases, the child is already born, but embryos are legally considered property.

What are the risks of not having a legal agreement?

Without an agreement, both donors and intended parents may face significant legal hurdles, including custody battles, legal disputes over the use and disposal of embryos, and the embryos being used in an unanticipated manner.

Do embryo donors have the right to revoke the agreement?

A “rock-solid” embryo donation agreement should address whether the donors have the right to revoke the agreement, and under what specific circumstances.

Does FSLG help families in all states?

Yes. While FSLG is based in San Diego, the firm has extensive knowledge in this practice area and a nationwide network to ensure clients comply with the law in their specific state.

Related Legal Services

  • Egg Donation Agreements
  • Sperm Donation Agreements
  • Pre- and Post-Birth Orders
  • Hospital and Vital Records
  • Funds/Financial Management