Legal Services for Surrogates & Donors

By agreeing to be an egg or sperm donor or a surrogate, you are helping individuals fulfill their dreams of becoming parents. Whether you are motivated by altruism, friendship, kinship and/or other incentives, you are performing a valuable service to society.

In return for your service, you deserve protection of your legal rights. For example, who will pay your medical expenses in the event of complications? How can you inquire about insurance coverage without disclosing confidential information or risking violations of your privacy? In the case of cryo-preservation, who has the right to use your genetic material, for what purposes and for how long into the future? How can you best ensure your confidentiality or best guarantee that future contact, if any, will be according to your wishes?

Your contractual rights and obligations

Before signing a contract with prospective parents, agencies or other involved professionals, you should consider the legal implications of such an action. You can not assume that agreements presented to you are drafted with your interests in mind. In fact, such contracts are often drafted by the attorney for the prospective parents, an agency or a fertility center – and that attorney's main concern is protecting his or her client’s rights. That attorney is not obligated to address the legal concerns, rights and obligations of the donor or surrogate.

To make sure you get the rights and protections that you deserve, you should consult with an attorney who has experience representing other egg and sperm donors and surrogates, who knows what the potential risks are and who can aid you in negotiating a fair contract.