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.
Florida Statute Law 742.14
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.