When working with a Sperm, Egg or Embryo Donor, it is imperative you work with an attorney who can explain the legal complications of working with known donors in the jurisdiction that applies to the contract.  Jennifer has represented Recipients, Intended Parents and Donors for years.  She has handled known, identify release and anonymous donor arrangements including those inolving parties in the same family.

The Egg Donor need not reside in the same state as the Gestational Surrogate or Recipients. In fact, she can begin her monitoring during her fertility medications at a clinic close to where she lives. As the time approaches for the Egg Retrieval, the clinic performing the Egg Retrieval and Transfer Procedure will require regular access to the Donor for monitoring.

Likewise, a Sperm Donor is compensated for his participation in the process through not nearly as much as an Egg Donor since the process for obtaining Sperm is much easier than obtaining Eggs and does not require invasive procedures. In most cases when donor sperm is needed Intended Parents choose to use anonymous sperm donors through a Cryobank, however, some families use a known donor for personal reasons. The laws pertaining to known sperm donors are much different than the use of a donor through a Cryobank. It is important that both the Intended Parents and the Donor have separate counsel as the contract must be clear and the legal risks understood by all parties.

Embryo Donation can be anonymous or known as well.  Often fertilty clinics offer anonymous Embryo donation to prospective parents.  Embryo Donors often prefer to know who is receiving the embryos since any child would likely be a full or half sibling to their child.  In instances of known Embyro donation Jennifer has represented both Donors and Recipients in Maryland, Virginia and D.C. and is well versed in the issues entailed in this kind of arrangment.

Each situation is fact specific and depending of the family type and parties involved there may be different issues that need to be resolved and different levels of participation by a donor. For example, a known sperm donor to a lesbian couple will likely have to consent to a second parent adoption after the child is born even if there is a sperm donor agreement stating the donor has no parental rights. This may change as the law catches up to technology but working with a experienced professional is the best way to limit the risks involved and protect your family.