ART — Egg/Sperm Donation, Surrogacy, and Parental Rights

Egg and sperm donation and surrogacy are legal in the U.S., but vary by state. Clinic compliance, contract terms, and establishing parental rights differ. Our Irvine ART team serves CA, NY, other states, and international clients to clarify rules, make informed choices, and protect your interests with robust documents.

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Why Work with an ART Lawyer

ART spans medicine, ethics, and cross‑jurisdiction law. Whether donor, intended parent, or clinic partner, enforceability, disclosures, escrow, and timing of Legal Clearance Letters impact the entire process. We draft, negotiate, and review for clarity and multi‑state defensibility.

Egg Donation: Key Points and Our Work

Most states permit compensated egg donation subject to statutory and industry limits; anonymity policies vary. Donors typically waive parental rights/obligations to resulting children. We prepare/review agreements, issue legal clearance, coordinate with IVF clinics, and structure escrow for compensation and costs.

Sperm Donation: Compliance and Risk Control

Sperm donation is legal with medical/genetic screening and informed consent. Compensation policies are governed by state law and institutional rules; anonymity/known‑donor options must be defined in agreements. Donors typically waive parental rights/obligations; FDA or other rules may set quarantine/storage requirements. We draft/modify agreements, issue legal clearances, and manage escrow.

LGBTQ Families and Parental Rights

Rules differ widely worldwide. In the U.S. and some Commonwealth/EU jurisdictions, transgender/same‑sex couples can establish parentage via adoption, donation, and surrogacy, with state‑specific orders (pre‑/post‑birth). We guide intended parentage, second‑parent/stepparent adoption, and cross‑border document alignment.

How to Start: U.S. Intended Parents

Begin with compliance consult and budgeting. Confirm your state's allowance for surrogacy/donation and parentage orders; plan donor/surrogate search, medical screening, contract signing, legal clearance timing, and escrow. U.S. projects often move faster but still need precise sequencing.

How to Start: International Intended Parents

Account for home‑country restrictions, visas, birth registration, passports, and return documents. We coordinate with foreign counsel so medical/legal steps in the U.S. dovetail with recognition and filings at home.

FAQs

Do all parties need separate independent counsel?

Strongly recommended and often required by clinics or courts to evidence voluntariness, understanding, and fairness, improving enforceability.

When is the Legal Clearance Letter issued?

Typically after final agreement execution, escrow funding, and required disclosures, enabling the clinic to proceed.

How to choose between anonymous and known donation?

Depends on privacy expectations and future contact/medical updates and state restrictions. Agreements should define data sharing scope and ongoing communication.

How is legal parentage established?

Via pre‑ or post‑birth court orders under state law. Cross‑border families must also plan for recognition back home; we provide paths and document lists.

This page is general information, not legal advice; actual paths depend on facts, state/federal rules, and clinic policies.

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