Everyone deserves the opportunity to grow their family in the way that suits them best. For many, that includes the use of egg donation and Advanced Reproductive Technology (ART). A dedicated reproductive contract attorney can help soon-to-be parents with this important process.
If your best chance at having your dream family involves donated eggs, it is vital that you protect yourself legally. An Illinois egg donation lawyer can draft an agreement that helps you avoid any possible conflicts along the way. Attorney Robins handles these contracts for multiple states.
Egg donation is governed by the Illinois Parentage Act. Under the law, a person is a donor if they participate in an ART arrangement by providing an egg. If the correct steps are taken, the donor is allowed to give up the rights and responsibilities that come with being a parent if the egg is fertilized and eventually leads to the birth of a child.
There are different ways to approach donorship. Some donors are known to the intended parents, and could even have a close personal relationship with them. In other cases, the donor is unknown. In either case, with a directed donation, both sides must have their own attorney to reach a donation agreement.
The process may be different with unknown donors. Because they typically work with agencies, many of these donors preemptively waive any legal rights they have as a parent. These rights can only be waived in writing.
While the law is clear, it is important for donors and intended parents in Illinois to rely on the guidance of an egg donation attorney. When something goes wrong, it can have complicated consequences for the child, the intended parents, and even the donor.
Every egg donation is based on a legally binding contract. While each agreement can vary with the circumstances, there are certain issues that should always be addressed. An Illinois egg donation attorney can advise you on the following terms.
The most important issue that these agreements address is the parental rights over the child. The language of the contract should make clear that the donor relinquishes all of her parental rights and obligations to the eggs, which will then be assumed by the intended parents.
The contract should clearly state the circumstances of the donation, including how and when the transfer will happen. This should include the identity of the clinic and physician involved in the process.
Donors are typically compensated for their time and inconvenience, and the contract will spell out the specific terms. This can cover other costs, including travel expenses or replace lost wages due to time away from work. It is vital to include specific terms on how and when the payments are made.
These agreements should also include details on what happens with the eggs and any embryos that might develop. Usually, the intended parents become the owners of the eggs immediately once they are donated. However, there could be additional terms prohibiting using them for medical research or other purposes.
Finding an egg donor can be a life-altering event for you and your family, but it is critical that you reach an agreement that spells out everyone’s rights and obligations. Before you sign anything, you should rely on the guidance of an Illinois egg donation lawyer.
We look forward to discussing your options and helping you reach an agreement that keeps everything running smoothly. In order to get the best possible outcome, reach out for a private consultation as soon as possible.
