Donors and Surrogates

Donors and Surrogates serve the unique role of attempting to help a person or couple become parents – a dream that may once have seemed unattainable. Many issues must be explored prior to donating genetic material or agreeing to act as a Surrogate, all of which should be set forth in legal agreements before the commencement of any medical procedures. Because the laws surrounding reproductive technology are continuously evolving it is imperative for Donors and Surrogates to consult an attorney experienced in this area before signing any agreements. The agreements should address the Donor's or Surrogate's rights, including but not limited to, confidentiality concerns, health issues, anonymity, future contact, protection from financial liability, and accurately reflect both parties intent with respect to the arrangement. Because each infertility plan is unique, Donors and Surrogates should always consult an attorney prior to signing any standard contract given to them by a fertility center or other matching agency.

If a Donor or Surrogate is matched with Intended Parents through an agency, two agreements are usually required, one between the Donor or Surrogate and the matching agency, and a separate agreement with the Intended Parents. If the Intended Parents are friends or relatives, and no agency is involved then there is typically one agreement between the parties. Ross & Zuckerman LLP will thoroughly review the agreements with the Donor or Surrogate, advise them as to their rights and protections under the law and negotiate any necessary modifications.

We try to accommodate our client’s schedules as much as possible, and are available to meet in several locations in Chicago and the surrounding suburbs, as well as on weekends or by telephone consultation when appropriate. For a free consultation, please do not hesitate to contact us.