What is the role of an attorney for a donor or surrogate?

By acting as a donor or surrogate, you are helping individuals fulfill their dreams of becoming parents. To best ensure that the outcome of your participation meets your expectations, understanding and outlining each participant’s rights and responsibilities is an important step of the process.

Numerous issues may arise throughout the course of a collaborative reproduction arrangement, such as establishing Intended Parents’ legal parentage, compensation, confidentiality, medical expenses and insurance, as well as long-term issues that may arise after a child is born. For those working with recruiters, there is the added factor of defining the terms of your relationship with that entity. Defining these issues at the outset of your arrangement can help ensure that you are legally protected as you provide this invaluable service.

An experienced and knowledgeable attorney in the field of reproductive technology can help provide you with an understanding of potential legal risks involved in your reproductive arrangement as well as the safeguards that can be put in place to help minimize those risks.

DEFINITIONS

Egg Donation
Egg Donation is a form of assisted reproductive technology in which a woman provides her eggs to Intended Parents for use in an in vitro fertilization (IVF) procedure (with either the Intended Mother or a gestational surrogate carrying the child) with the intent that the Intended Parents will become the legal parents of the child.

Embryo Donation
Embryo Donation is a form of assisted reproductive technology in which previously formed embryos (created for another individual or couple who previously underwent treatment and who no longer wishes to use those embryos to build their family) are donated to potential Intended Parents.

Sperm Donation
Sperm Donation is a form of assisted reproductive technology in which a man provides his sperm to Intended Parents for use in either an IVF procedure or an artificial insemination with the intent that the Intended Parents will become the legal parents of the child.

Gestational Surrogacy
is a form of assisted reproductive technology in which a woman gestates a child conceived from either the Intended Mother’s eggs or an egg donor’s eggs with the intent that the Intended Parents will become the legal parents of the child.

Traditional Surrogacy
is a form of assisted reproductive technology in which the woman who gestates a child provides the egg as well as carries the child to term with the intent that the Intended Parents will become the legal parents of the child. Therefore, after the birth of the child, the traditional surrogate must agree to relinquish her parental rights through an adoption proceeding in order for the Intended Parents to establish their legal parentage of the child.

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