Charlotte H. Danciu, P.A. Attorney at Law.

Egg and sperm donations provide the opportunity for someone to be biologically related to a child when individuals or couples are considering options for expanding their family. Thanks to advances in the medical field, procedures like extracting IVF donor eggs and using sperm or egg donors with a surrogate have become commonplace.

In most donor situations, the egg, sperm, or pre-embryonic cells donor gives up all parental rights, as well as any financial obligation (i.e., child support) to the child. The Florida Supreme Court has even ruled that the donor has no rights concerning the resulting child unless they’ve signed a legal document that specifically establishes what kind of rights they will have.

Florida is one of the more progressive states when it comes to both egg/sperm donation and surrogacy, and its laws are built to protect the people who intend to take on parental roles in the child’s life, even before the child is born. These parties would be given legal preference over those who provided the biological material needed to conceive. That means if you donate your eggs, sperm, or pre-embryonic cells, you cannot later try to claim parental rights over the resulting child. An egg donation attorney can help you go over all of the important legal aspects to consider before donating your biological material.

If you’re considering using an egg or sperm donor, it would be wise to consult with a trusted egg, sperm, and embryo donation attorney to ensure you have the correct legal documents to protect your rights, even though Florida law favors your parental rights.

When Might An Egg Or Sperm Donor Wish To Retain Parental Rights To The Child?

This situation is common when the donor and the party who wishes to use their biological material are involved in a romantic relationship or have a close personal relationship at the time of the transaction. There was a case involving a lesbian couple that went to the Florida Supreme Court. One party provided an embryo for her then-partner to carry to term. The court ruled that both women had parental rights over the child due to their relationship at the time of conception, which implied the donor would have parental rights. These cases involving known donors require further steps be taken to relinquish parental rights to the child.

Whether you’re the donor or the recipient of biological material, it’s in your best interest to have a lawyer work with you to draft a written agreement that clearly defines the rights of each party involved, including establishing or waiving your parental rights. If you’re a donor who wishes to retain parental rights, you will need to have an agreement, something similar to a surrogacy contract, to establish your intent to parent the child after it is born or to remain in contact with the child, even if your parental rights are waived. These contracts must be drafted properly to hold any weight in the eyes of the court, which is why a lawyer should be consulted.

I have extensive experience drafting all types of non-traditional parenting agreements to protect my clients’ rights. I can provide you with thorough sperm and egg donor information and help you explore your options. I tailor each contract to the individual situation and provide comprehensive and personalized legal services because I know how important these matters are to you and your family.

Can Egg Or Sperm Donors Be Compensated For Their Biological Material In Florida?

Florida law allows only for “reasonable compensation directly related to the donation of eggs, sperm, and preembryos”. The typical sperm donor can earn up to $700 per month, while egg donors can receive between $4,000 and $6,000 for a donation (which requires more medical procedures than sperm donation). If you’re considering donating your biological material, speak to an experienced donor sperm lawyer to explore the legal options available to you.

I can advise on this medically related field and guide you through the proceedings. I’ve been helping families of all kinds here in Delray Beach, Florida, grow and flourish for decades.

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