If you are starting the assisted reproduction process and need to have a legal agreement prepared, the following is a list of things you should consider before meeting with a lawyer:
Reimbursement of Costs
In Canada, you may reimburse egg donors and gestational carriers for certain out of pocket expenses. Consider what expenses you expect to reimburse, whether you will want receipts, and how you plan to reimburse expenses (e.g. month to month or when receipts are provided).
Insurance Coverage
No matter how low risk a medical procedure may be there is always the possibility that something may go wrong or an unexpected health consequence may arise. Does your donor or carrier have life insurance as well as long term and short term insurance in place? If your donor or carrier does not have insurance, will insurance be obtained prior to undergoing any medical procedures? Who will cover the costs of this insurance?
Estate Planning
Do you have a Will already or do you need to prepare one? If you have children or are planning on having children, it is important to make sure you have a properly drafted Will. Questions to consider include who will be the guardian of your children and how you intend to provide for your children in the event of your death.
Relationship to Potential Children
What kind of relationship do you expect your donor or carrier to have with any children born as a result of the assisted reproduction process? Will your donor or carrier have a familial relationship such as an aunt or godparent? Consider the level of contact with which you feel comfortable. Also, consider whether you intend to advise any potential children of how they were conceived and/or born and how this may affect the child’s relationship with your donor or carrier.
Use of Genetic Material in Future
If you have an egg donation, consider how the genetic material may be used in the future when you no longer need it for yourself. Are you comfortable with its donation to another couple or for medical research? If you are not comfortable with its donation, you may want to stipulate in your agreement that it be destroyed.
Independent Legal Advice
Who do you plan to use for your donor or carrier to provide independent legal advice? Depending on your timelines and how quickly you need to complete the agreement, you may want to get a referral for independent legal advice or determine lawyer availability and fees.