Egg, Sperm, and Embryo Donation Services
The donation of eggs, sperm and embryos are governed by Florida Statute 742.14. The statute expressly provides that the donor of any egg, sperm or embryo (except as otherwise provided) shall relinquish all maternal or parental rights and obligations with respect to the donation or the resulting child(ren). Laws around the county are constantly changing in the third party reproductive technology law, therefore, it is important to consult with a lawyer before entering into any type of egg, sperm, or embryo donation agreement.
The donation agreements between recipients and the donor specifically detail the parties’ obligations and rights with regard to the donation, and cover issues that arise in third party reproductive technology including, but not limited to, parental rights of the intended parents and relinquishment of parental rights by the donating party, confidentiality, required medical testing, future communication between the parties, expenses, liability for complications, and the rights of the child(ren).
Couples considering egg, sperm, and embryo donation need to consider whether they want an open donation, with the ability to contact the donor in the future in the event the child(ren) may want additional information on the donor for purposes such as genetic health conditions or general curiosity.
Egg donation is indicated when a woman has a healthy uterus and is able to carry a pregnancy to term but does not have an adequate supply of viable eggs. Premature ovarian failure, damaged or absent ovaries, and previous chemotherapy or radiation treatment are all reasons why a woman may not have useable eggs. Egg donation is also an option when a woman carries a genetic condition.
An egg donor is a woman who donates her egg to use in the conception of a child conceived through the process of in-vitro fertilization. Marla assists recipients by referring them to reputable egg donor agencies. Once recipients have selected an egg donor and are ready to retain the donor agency, Marla reviews the agreement between the intended parents and the agency as well as drafts and negotiates the Egg Donation Agreement between the intended parents and the egg donor.
Donor sperm is commonly used when a man seeking to start a family has no sperm, has poor semen analysis, or when a man carries a genetic condition.
Information about a sperm donor’s physical characteristics, race, ethnic background, educational background, career history, and health (including test results of infectious/sexually transmitted diseases) are generally available at sperm banks. Some sperm banks are open to providing non-identifiable information about the donor (including photographs) as well as providing a service for adult offspring to obtain information about the donor in the future.
Generally, the sperm donation agreement by the donating man is entered into with the sperm bank. Intended parents considering using donated sperm need to consider whether they want the ability to contact the sperm donor in the future in the event the child wants to contact the donor or in the event of needing genetic information on the donor. Marla assists recipients by referring them to reputable sperm donation banks.
Because of the expense of storing frozen embryos, instead of destroying embryos, unused embryos are commonly donated. Once the embryos are donated, the patients no longer have the financial burden of storage and based on an Embryo Donation Agreement, the patients can be released of any parental rights associated with the embryos. Marla assists with the legal documentation involved with both embryo donation and the receipt of embryos from a donor.
For a general overview on egg, sperm, and embryo donation, Click Here for information for Resolve, the National Infertility Association.
Surrogacy and Egg, Sperm, and Embryo Donor Contract Review
During every match between an intended parent and a surrogate or egg, sperm, or embryo donor, it is critical, and sometimes legally required, to have one assisted reproduction attorney represent the intended parents and a separate attorney who specializes in assisted reproduction represent the surrogate or donor and their spouse/partners. Separate legal representation is important to ensure that each of the parties are properly represented and have the chance to discuss any questions or concerns regarding the contract with their own attorney. Separate lawyers also avoids any conflicts that may arise between intended parents and surrogates or donors discussing sensitive contract details directly. The intended parents are expected to pay for the attorney for the surrogate or donor and their spouse/partner (if any).
Marla proudly represents Florida surrogates, egg donors, sperm donors, and embryo donors during the contract review stage of a third party reproduction process.