IVF, Donor Agreements & Financial Duties

Assisted reproduction is as much a legal event as a medical one. Getting parentage and money in writing up front prevents a support fight later.

Get parentage established

Four roles carry distinct legal positions — intended parents, gestational carriers, genetic donors, and the clinic or agency. A pre-birth court order declaring the intended parents as the legal parents is essential; clinic consent forms alone don't carry the weight needed for future support, insurance, and passports.

Spell out the money

A pre-conception agreement should cover medical screening and decision-making, IVF and medication costs, insurance, travel, bed rest and lost wages, life and disability coverage, confidentiality, cancellation scenarios, and embryo disposition — and specify who pays premiums, copays, deductibles, uncovered treatment, and postpartum care.

Known donors and disputes

With a known donor, written terms must state there are no parenting rights and no child support unless all parties intentionally establish legal parentage by court order. And if intended parents separate during the pregnancy, courts typically still hold both responsible for support — an escrow for ongoing medical costs is wise.

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