Do You Need to Hire an Attorney to Draft Your Sperm or Egg Donation Contract in Indiana: Yes!

If you are going to donate your sperm or eggs, you need an Indiana lawyer that specializes in drafting sperm donation and egg donation agreements.  Although Indiana still does not have a statute that specifically governs sperm donation and egg donation, a written agreement protects the rights of the donor and the recipient and, if drafted correctly by a lawyer, should be enforced by an Indiana court.  In fact, one of the primary cases in Indiana addressing the enforceability of a sperm donation agreement, specifically identifies whether or not the agreement was drafted by an attorney as one of the factors that the court will consider when determining whether or not the agreement should be enforced. 

Sperm and Egg Donation contracts further detail the expected compensation (if any), responsibilities, and clarify expectations for all parties involved.  Most importantly, a well-drafted donation agreement will protect the parties and ensure that the parties’ intentions are enforced if ever challenged by a party.  If not drafted correctly, a donor could end up having parental responsibilities for the child, including the obligations of support.  Additionally, the fertility clinic and/or most physicians, require documentation of the agreement prior to rendering services.

The lawyers at Herrin & Leach regularly draft and review sperm donation and egg donation agreements.  Contact us today for a free consultation and to discuss your specific case.