As with surrogacy agreements, lawyers must prepare a clearly written agreement that documents the parties’ intentions and expectations for donor agreements. There is no “standard” donor agreement as each agreement is highly negotiable. Both the Donor and the Intended Parents should be represented by qualified independent counsel.
Egg and sperm donors may have their identity known to the Intended Parents but often they are anonymous. Intended Parents who choose to use an anonymous sperm donor through a cyrobank typically do not have direct donor agreements executed.
Colorado does have some limited favorable ART statutory law defining the relationship of donors and Intended Parents. However, parties who desire that the Donor has some relationship with the child should absolutely speak with an attorney.
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