Donation
Donor agreements, and the parentage that follows them
A friend who offers to be a donor is giving a generous gift. The agreement makes sure the gift stays what both of you meant, years from now, when lives and feelings have moved on.
How the law treats a donor, and a parent who is not genetically related, depends on where the child is born and whether a clinic was involved. We explain which rules apply to you before you begin, write the agreements that fit, and prepare the court order where one is wise.
What we handle
Known-donor agreements for egg and sperm donation
Review of clinic and bank consent forms
Embryo donation and disposition agreements
Agreements between partners about stored embryos
Parentage orders and second-parent adoption after donor conception
Three kinds of donation
Three kinds of donor, three kinds of paper
What you need depends less on the donor’s generosity than on how the donation happens.
- 01
A bank or clinic donor
The clinic’s forms do much of the work. We read them with you and tell you what they leave out, especially about a non-genetic parent.
Review of consent and screening forms
Parentage order if the law of your state suggests one
- 02
A friend or relative as donor
A written agreement, signed before any attempt, states what everyone intends: who the parents are, what contact there will be, and what each person will never be asked for.
Agreement signed before any attempt
Independent advice for the donor
- 03
Donated embryos
Embryos left from one family’s treatment and given to another need a transfer agreement and a clear record of the first family’s consent.
Transfer agreement and consent trail
Plan for the embryos not used
Questions about donation
Does our known donor need their own lawyer?
We strongly recommend it. A donor who has had independent advice is a donor whose agreement is likelier to be respected, by a court and by the donor.
Is a donor ever a legal parent?
It depends on where the child is born, whether a clinic was involved and what was signed beforehand. That is exactly why the agreement comes first and the facts second.
Can one of us adopt a child who is genetically the other’s?
Yes, and many couples do. It is called a second-parent or confirmatory adoption, and it makes both parents’ rights secure wherever the family lives.
What happens to stored embryos if we separate?
The consent forms at the clinic usually say, but not always in terms a court would enforce. We write a short agreement between partners so there is no surprise later.
Planning a donation?
A note about the arrangement you have in mind is enough for a first conversation.