Embryo Donation

To effectuate a proper donation of gametic materials, consent from the Embryo Donor(s) is essential. The Embryo Donation Contract will clearly state the parties’ voluntary intentions to enter the donation arrangement as well as accompanying rights and responsibilities.

The most crucial difference refers to how the donated embryo(s) were first created. 

1. Use of a Sperm Donor: If the donated embryo(s) were created using a Sperm Donor’s sperm, please be sure to check whether the Sperm Donor originally consented to secondary donation of resulting embryo(s) created using his sperm. 

2. Use of an Egg Donor: If the donated embryo(s) were created using a Egg Donor’s egg(s), please be sure to check whether Egg Donor originally consented to secondary donation of resulting embryo(s) created using her egg(s). 

An Embryo Donation Contract may be prepared by either the Embryo Donor(s)’ attorney or the Intended Parent(s)’ attorney. If you wish for our office to represent you, the followings will happen: 

1. You will receive a retainer agreement for review with explanations of our office’s services and fees. If you approve, please sign and send it back to our office along with payment of fees through a selected method of payment. 

2. We will also request certain information from you to help us prepare the Donation Contract.

3. Once the Embryo Donation Contract is prepared, we will schedule a time with you to review the initial draft. After the initial draft is approved by you, we will send it to the other attorney for their review.

4. We will then circulate the final version of the Embryo Donation Contract for signatures. Once both parties have signed the Embryo Donation Contract, we will issue legal clearance to the IVF Clinic signifying that both parties are legally cleared to proceed with further medical procedures. 

We charge a flat fee for preparing an Embryo Donation Contract and negotiating on your behalf. Please contact our office for our standard fee schedules.

Note: The Intended Parents are responsible for paying the Embryo Donor’s legal fees.  

The total time required for a final Embryo Donation Contract from preparation to issuing legal clearance varies, but it normally ranges from 1 to 2 weeks. Unlike a surrogacy arrangement, a donation arrangement often moves quick. Our office will accommodate your schedule to ensure a smooth and efficient process.