Ross & Zuckerman, LLP represents Egg Donors, Sperm Donors and Embryo Donors in their unique role assisting an individual or couple become parents.
The law in Illinois regarding gamete (i.e. egg, sperm or embryo) donation was updated in January 2017 by an amendment to the Illinois Parentage Act of 2015 (“Illinois Parentage Act”). Under the Illinois Parentage Act, if the Intended Parent(s) and Donor have independent attorneys and have entered into a written legal agreement in which the Donor relinquishes all rights and responsibilities to any resulting child prior to any insemination or embryo transfer, the Intended Parent(s) will be deemed the legal parents of any resulting child and the Donor will not be a parent. The Illinois Parentage Act will apply whether the Donor is “known” to the Intended Parent(s) (i.e., a friend or family member) or whether the Donor and the Intended Parent(s) have been matched through a matching entity.
Because gamete donation arrangements necessitate careful consideration of numerous issues, and the Illinois Parentage Act requires independent legal representation, a Donor should always consult with an attorney experienced in reproductive technology law before moving forward with a donation arrangement. The donation agreement will address several issues integral to any donation arrangement, including, but not limited to, confidentiality, future contact, financial terms, embryo disposition, assumption of risk, and insurance. Having represented thousands of clients engaging in third party reproductive arrangements, the attorneys at Ross & Zuckerman, LLP are experts in the negotiation of donor agreements and counseling Donors. We spend time with each Donor explaining the legal process, reviewing the Illinois Parentage Act and donation agreement, and negotiating any necessary modifications to the donor agreement. Most important, we make sure our clients are protected pursuant to Illinois law, and their needs and expectations are appropriately addressed in the donor agreement.