Washington state law generally provides that a “donor” of ova, sperm or embryos is not a legal parent unless otherwise agreed. It is critically important to have a clear, written agreement between the parties spelling out who is intended to have legal rights and responsibilities as a parent, and who is not. In addition to clarity with respect to parentage of any child born as a result of the donation, we guide clients through a number of other issues and expectations the parties should discuss and address in their legal agreement. It is critical to address future use of cryopreserved ova, sperm, and embryos, including expectations on the right to re-donate to another family for family planning purposes. Many clients also wish to consider including the means, method, and frequency of any future communication between the donor and intended parent(s), after a child is born, such as medical updates which could impact the future health and development of the child. Legal counsel is essential to walk you through these and many other important considerations when entering into a Donor Agreement and any subsequent parentage actions, where advisable.
In addition, most medical clinics that assist families with Assisted Reproduction procedures require a legal agreement between the parties to outline their intent. Once an agreement has been signed, our office will issue a Legal Clearance Letter to the medical clinic, which is typically required by the clinic before completing the assisted reproductive process.
We have worked with many families, fertility clinics and donor agencies throughout Washington State, and in many other states and countries. We have reviewed and drafted agreements for virtually all types of ART donations. Contact us today for a consultation on your unique family formation process and assisted reproduction matters.