Gamete Donations

Florida law clearly accounts for the relinquishment of all rights for a gamete donor, helping make gamete donation a safer and more predictable decision.

This firm represents both those using a gamete donor (sperm, egg, or embryo) as well as donors.

For any questions regarding donation work, please contact the office for a free consultation.

Read the Law

Florida Statute Law 742.14

Overview

For those utilizing an egg, sperm, or embryo donor, this firm has the knowledge and experience to skillfully draft a contract which will establish the parties’ intentions for a successful and legally sound donation. The contract can be for a known or an anonymous donor, depending on the type of donation sought between the parties. The contract will include payment terms, the parties’ responsibilities, remedies for breach scenarios, terms of confidentiality, among many other things. This will be done after communication with the agency, if any. Once the contract is negotiated and signed, clearance letters will be provided to the IVF clinic in order to move forward with the donation.

For donors, this firm will represent you and be your advocate in the review of the donation contract and its negotiation. Your rights as a donor will be explained and the contract will be reviewed to ensure the proper protections, requirements, reimbursements, and remedies are in place.

Florida Statute 742.14 addresses gamete donation. The statute succinctly and clearly states that the donor of any egg, sperm, or preembryo, relinquishes any and all parental rights and obligations to the gamete donated and any child born of that donation. This means that a donor cannot later claim parental rights over a resulting child, nor can an Intended Parent seek child support or enforce other legal responsibilities on the donor for that child.

The statute provides for two exceptions to this: 1) any gamete used by a Commissioning Couple for a Surrogacy under 742.15 and 2) gamete contributed by a parent under the Pre-Planned adoption statute for a surrogacy under 63.213 (see above for more details on those statutes). This means that a Commissioning Couple and an Intended Parent having a child via surrogacy are not relinquishing their rights to the gametes and embryo transferred to the surrogate in either a Gestational or Traditional Surrogacy under 742.15 and 63.213 respectively. The statute also permits reasonable compensation as directly related to the donation.

Frequently Asked Questions

How long will contract take?

Once all of the information has been sent to the attorney, the first draft of the Agreement will take approximately 3 business days.

What rights does the Donor have?

In accordance with Florida law, as long as it is a true donation, the donor gives up any and all rights to the donated material, any embryos created of that donated material, and any child or children born of that donated material. This means a Donor cannot at a later date establish parental, property or other rights over any child born of the donation.

Known Donor vs. Anonymous Donor

A donation can be made anonymously or between parties that are known to each other. This is more a matter of preference to the Parties than anything else. Either way, it is important to note that the Donor has no rights to the donated material or any children born of that donation once the donation is made. Florida statutes offer that protection in case that is a reason someone may be reluctant to enter into a known donation and the contract will be drafted to protect the parties specific to what they decide.

Who pays the donor’s legal fees?

The Intended Parents will typically pay for the donor’s legal representation for review of the contract between the parties.

I don’t live close to your office. Do I need to go to your physical office?

The firm works with many international and domestic clients who do not live nearby. Presence at the office is not required at any time during the process. The work can be accomplished via telephone, skype, email, and physical mail, however, face to face meetings are available at the office location.