| Where to Begin? | | | | carrier. If it, as it usually is in an egg donation |
| Often the first participant in a surrogacy or egg | | | | agreement, do the prospective intended parents |
| donation arrangement after the IVF physician is the | | | | have the right to reject that egg donor; and, if so, |
| egg donation and surrogacy agency. These agencies | | | | what happens to their fees? Will a refund be |
| are responsible for locating, screening, supporting and | | | | provided? |
| coordinating the parties in a surrogacy and or egg | | | | Will additional fees be charged for a new donor or |
| donation process. They are also instrumental in | | | | surrogate or gestational carrier. What if the physician |
| coordinating all events that are to take place, | | | | rejects the particular egg donor or surrogate or |
| addressing areas of conflict, and providing support | | | | gestational carrier? |
| where needed by the parties. | | | | What if the prospective intended parents cannot |
| Make certain you ask the following questions before | | | | locate another egg donor or surrogate or gestational |
| hiring an agency or facilitator: | | | | carrier through the agency? |
| How long have they been in business? | | | | What happens to the fees that they have already |
| What is their experience level? Number of cases the | | | | paid thus far when the prospective intended parents |
| past year? | | | | have not even reached an embryo transfer? And, at |
| How many babies have been born this year? In | | | | what point, if any, does a new agency fee attach? |
| years past? | | | | All of these questions are important in making certain |
| Are they currently embroiled in litigation? | | | | that the prospective intended parents receive a fair |
| Do they carry Errors and Omissions Insurance? | | | | agreement that provides services from beginning to |
| How do they handle screening of surrogates and | | | | end and in making certain that the agency is not |
| donors? | | | | exposed to liability due to an inadequately prepared |
| What are the actual services they provide? | | | | agreement. In fact, all of these questions above |
| What do they actually charge? Is there a fee for | | | | must be addressed in terms of refunds, handling of |
| support, preliminary screening, etc.? | | | | disputes and replacement of egg donor or surrogate |
| Are the familiar with working with clients from | | | | or gestational carrier. |
| overseas? | | | | Next, who handles the funds? Since we are dealing |
| How many staff do they have and do they have an | | | | with an egg donor and/or a surrogate or gestational |
| emergency number? | | | | carrier, we have funds that are being held by |
| What insurance do they use for their surrogates and | | | | someone for them pursuant to the egg donation and |
| donors? | | | | or surrogate or gestational carrier agreement. Are |
| Signing an Agreement | | | | the funds being held by the agency? Are the funds |
| Now, no matter what the answers to these previous | | | | being held by an attorney? Are the funds being held |
| questions, the experience, the reference or the | | | | by an escrow or trust holder? |
| manner of location, it is important that the | | | | Confidentiality and its parameters must also be |
| prospective intended parents have each one of | | | | addressed in these agreements, including to what |
| these agreements reviewed by an attorney | | | | extent information is to be provided to the egg |
| experienced in the area of ART (Assisted | | | | donor or surrogate or gestational carrier and to the |
| Reproduction Technologies) law. With these types of | | | | prospective intended parents regarding private |
| services, a written agreement is absolutely required | | | | information on the parties. |
| between the prospective intended parents and the | | | | Consideration must also be given to whether or not |
| agency. These agreements run from one page to | | | | the agency will be performing background checks and |
| ten or more pages, depending on the size of the | | | | to what degree, who will be paying for these and will |
| agency and, often enough, the experience of the | | | | the prospective intended parents have the |
| agency. | | | | opportunity to review such background checks |
| How to Negotiate an Agreement to Fit Your Needs | | | | themselves or with their attorney. |
| & Situation | | | | This also applies to psychological reports and whether |
| Preference is for an arrangement that provides an | | | | or not the agency will release the report to the |
| actual agreement between the facilitator/agency and | | | | prospective intended parents or just their treating |
| the intended parents that is separate and distinct | | | | IVF physician. |
| from any other agreement between the affected | | | | Conclusion |
| parties. There will then be additional agreements that | | | | Ultimately, as with any contract negotiation and/or |
| will clarify for the parties, including surrogates, egg | | | | drafting, it is important to understand the underlying |
| donors and the prospective intended parents, what is | | | | issues that may arise in these industry particular |
| expected of them, how the embryos can be | | | | arrangements. It is important to note without the |
| disposed and who is the parent under every situation. | | | | proper knowledge of ART, the negotiation, and |
| Points for Negotiation | | | | drafting of such agreements will only place you at |
| Whether or not the agreement is specific as to a | | | | risk for future problems and issues. |
| particular egg donor or surrogate or gestational | | | | |