Unique Issues in Drafting Sperm, Egg & Embryo Donor Agreements

Assisted Reproductive Technology (ART) contracts involving the donation of egg or sperm, or an already formed embryo, include extremely complex and sensitive issues that prompt a number of drafting concerns for attorneys. In this program, Colleen Marea Quinn guides attorneys through the unique issues involved in the donation and re-donation of gametes. The discussion will include special consideration of the medical, mental health, social, educational, and other aspects of the prospective donors, as well as to the children born from the gametes of frequent and repeated donors and the long-term repercussions. 

This program is part of a Lawline series on ART contracts including "Assisted Reproductive Technology Contracts: Drafting Fundamentals," "Advanced Surrogacy Contract Drafting: Moving Beyond the Fundamentals", and "Ethically Drafting Surrogacy Contracts." This program delves into some of the more sophisticated and problematic aspects of drafting sperm, egg, and embryo donor contracts and will benefit new and seasoned practitioners in the ART contracts space. 

Learning Objectives:

1. Identify the fundamental prerequisites that clients need to address prior to entering into a sperm, egg, or embryo donation agreement

2. Provide clients with a better understanding of the complex issues entailed in a gamete and/or embryo donor agreement

3. Do sufficient due diligence when obtaining background information prior to contract drafting

4. Utilize sample language in creating or revising your own agreements

5. Ensure that the medical procedures utilized qualify to protect both the donors and prospective parents

6. Analyze issues that can arise with retroactive agreements

7. Draft to ensure report back provisions for future medical issues and to avoid future inconsequent familial relations

8. Address the complexities of repeat donations by recipients to other recipients

9. Put provisions in place for the registration with future donor registries that may come into existence

10. Discuss how the parties can have direct agreements and retain anonymity 

11. Advocate for ART practitioners to encourage fertility clinics and cryo-banks to allow and respect donor to recipient direct agreements