Surrogacy, IVF, Donor Egg, and Donor Sperm Agreements

People achieve their dream of having children in different ways, including by using surrogates or donors for eggs or sperm. When embarking on this endeavor, it is critical to have all agreements properly signed and executed to protect the rights of all parties. You always want to fully understand everyone’s rights and obligations throughout the process.

The Law Offices of Tina Sharma assists clients with agreements for surrogacy, IVF, or egg and sperm donors. We learn about your situation, goals, and concerns, and we draft agreements that represent your interests, protect your family, and comply with the law. Reach out today for more information.

Third-Party Reproduction Agreements

There are many agreements that might apply to your situation involving a third party helping you achieve your reproductive goals. These might include:

  • Egg donation agreements
  • Sperm donation agreements
  • Embryo donation agreements
  • Traditional surrogacy agreements
  • Gestational surrogacy agreements
  • Pre- and post-birth orders

Your agreements should clearly state your rights to legal parenthood of the child following donation or surrogacy. In some situations, such as traditional surrogacy, the surrogate may want to continue an open relationship with the child. In these situations, the terms of the relationship should be clearly set out in an agreement.

The Laws in Maryland

While Maryland law does not expressly address surrogacy, courts have issued rulings that allow for gestational surrogacy agreements. However, when it comes to traditional surrogacy, a state Attorney General opinion states that, “surrogacy contracts that involve the payment of a fee to the birth mother, are in most instances, illegal and unenforceable under Maryland law.” This complicates matters regarding surrogacy and applicable contracts. You want a lawyer who can navigate this complex legal landscape and assist you with completing your surrogacy whenever possible.

Pre-and Post-Birth Orders

These documents set out the legal parentage of the child and ensure your status as the parent of the child - not the surrogate. You want to seek an order early enough in the pregnancy, so the court has time to process and issue the order before the surrogate gives birth. Our law firm can help with this entire process of obtaining a pre-birth order, post-birth order, or both if needed in your situation.

Speak with a Maryland Surrogacy and Donor Attorney

Each situation involving third parties and reproduction is unique and complicated. What matters in each and every case is that you have the documents in place that protect your rights and ensure that the legal relationship with a donor or surrogate is legal under Maryland law.

If you are considering this type of reproductive journey, never wait to discuss the necessary legal steps with the Law Offices of Tina Sharma. We can meet with you whether you simply have an idea to pursue, whether you have already found a surrogate or donor, or at any other stage in the process.

Our goal is to protect your rights as parents, however you choose to achieve this status. Contact us for a consultation today.

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