In properly structured embryo donation arrangements, the intended recipients are generally recognized as the legal parents of any child born as a result of the donated embryos.

A carefully drafted legal agreement is essential to establish:

• The donors’ relinquishment of parental rights and responsibilities
• The recipients’ intent to become the legal parents
• Consent to embryo transfer;
• Future use and disposition of remaining embryos; and
• Expectations regarding future contact, disclosure of the donor’s identity to a resulting child, and the possible exchange of future medical information and health updates.

In some cases, as noted above, parentage is further protected through a parentage order. The agreement should also include a choice-of-law provision identifying which state’s laws govern the contract, and should address contingencies such as the death, separation, or divorce of the recipients.