Beginning a family is an extremely personal and exciting decision for a couple. However, some couples cannot conceive without medical assistance. Infertility is a painful and emotional condition that some couples face when trying to have a child. Fortunately, medical advances have made it possible for couples who could not conceive a child before to get pregnant and begin the family they have dreamed of for so long.
However, when a procedure to conceive involves a third party, it helps to have a Florida attorney who understands Florida reproductive law and surrogacy law represent you during the process. The Law Offices of Paul J. Burkhart, PL provide compassionate legal advice and support to couples and individuals involved in all facets of reproductive law, including egg donor contracts. Call (561) 880-0155 to speak with a Florida egg donor contract attorney.
Egg Donor Contracts in Florida
Egg donor contracts are used when a family member, friend, or a third party agrees to donate an egg to a couple to be used for in vitro fertilization. The egg donor contract can be used when the woman is the intended mother or a surrogate mother for a couple. Dealing with the emotional issues involved in reproductive law can be difficult. The intended parents may have tried for many years to have a child, and this is the last hope for conceiving a child. However, the donor must protect her rights, finances, and health. It is extremely important that all parties understand their obligations and rights under a contract.
If you are the recipient of a donated egg or you are donating your eggs to another woman, we strongly urge you to have your own attorney throughout the transaction. You need a reproductive attorney who can advise you of your specific rights and obligations while protecting your best interest throughout the process. We thoroughly review each detail of the egg donor contract to ensure that the contract is legally binding, complies with all surrogacy and reproductive laws in Florida, and thoroughly covers all possible and foreseeable complications or issues. We want you to have peace of mind about your decision to donate or accept an egg; however, we also want you to be protected if a dispute arises.
Egg Donation Law in Florida
Florida specifically has statutes related to reproductive law. Fla. Stat. §742.14 which allows a woman to donate her eggs for reasonable compensation related to the donation of the eggs. The statute specifically states that a woman donating her eggs relinquishes her maternal rights and obligations for any children resulting from the egg donation. Under an egg donor contract, once the eggs are retrieved from the donor, the ownership of the eggs and the parentage of any children born using those eggs are passed to the intended parent. The passage of ownership and parentage is permanent and irreversible. It is extremely important that the egg donor contract include specific legal language to protect both parties.
Another extremely important consideration is whether the donation will be open, closed, or semi-open. An open donation is a situation where the parties are known to each other, such as when a family member or friend is the donating party. A closed donation occurs when the parties are unknown to each other, such as when a couple uses an anonymous donor from an independent agency or an egg donor program through an IVF clinic.
Some couples desire to allow their child to have access to the donor’s information upon reach 18 years of age. If the donor agrees, this is referred to as a semi-open donation. There are pros and cons in each situation. We can discuss the benefits of an open and closed donation to help you determine what is best for your situation. If you are concerned with future medical issues, we can include language in the contract that allows limited contact through third parties to transmit medical information if a serious condition is diagnosed at a later date that could impact the health of the donor or the child.
Egg Donation Lawyer in Palm Beach County
Florida reproductive laws can be confusing. The Law Offices of Paul J. Burkhart, PL is here to help you as you work through the details of egg donation under Florida’s domestic laws for donation of eggs, sperm, and pre-embryos.
Contact our office by calling (561) 880-0155 to speak with a Palm Beach Gardens egg donation attorney.