Donor Agreements for Prospective Parents

A Donor Agreement is a written legal agreement used when a person donates eggs, sperm, or embryos to help another person or couple conceive a child through assisted reproductive technology. These agreements are commonly used in egg donation, sperm donation, embryo donation, reciprocal IVF (also called “Co-IVF”), and other fertility arrangements involving donated genetic material.

The purpose of a Gamete Donor Agreement is to clearly document the parties’ intentions before any donation, retrieval, shipment, fertilization, embryo creation, or embryo transfer occurs. Most importantly, the agreement confirms that the donor does not intend to be a legal parent of any child conceived from the donated gametes, and that the recipient parent(s) intend to be the legal parent(s) of any resulting child. This clarity is critical because gamete donation involves genetic connection, medical treatment, future embryos, possible future children, and long-term questions about identity, contact, health information, and legal parentage.

Agreement Creation

A well-drafted Gamete Donor Agreement is not simply a clinic form. It is a legal agreement specifically tailored to the parties, their fertility plan, the clinic’s procedures, the applicable law, and the parties’ particular circumstances. Fertility Connections Hawaii can create this for you prior to any donation taking place to protect you and your interests, and we acquire all necessary information during your consultation.

What Does it Cover?

These agreements often address ownership and control of the donated eggs, sperm, or embryos; the intended use of the donated material; disposition of unused gametes or embryos; confidentiality; future contact; medical history updates; genetic testing information; reimbursement of expenses; insurance coverage; retrieval-related risks; identity-release procedures; and each party’s rights and responsibilities.

Current Hawaii Law

In Hawaii, legal parentage in assisted reproduction matters is governed by Hawaii parentage law, including Hawaii’s updated parentage framework that became effective January 1, 2026. The legal requirements and best practices may differ depending on whether the donation involves eggs, sperm, embryos, reciprocal IVF, a gestational carrier, married or unmarried intended parents, known donors, anonymous donors, or international intended parents. Because these arrangements can have long-term consequences, it is important to work with legal professionals who understand the applicable law and the fertility process.

Who Can Be a Donor?

Donors may be either known or anonymous. In a known donor arrangement, the donor and recipient parent(s) know each other’s identities. The donor may be a friend, family member, or someone selected through an agency or other matching process. Known donor agreements are especially important because the parties may have an existing personal relationship or may anticipate some form of future contact. The agreement can help define expectations regarding communication, privacy, social media, the donor’s role, if any, in the child’s life, future medical updates, and whether the child may contact the donor in the future.

In an anonymous donor arrangement, the parties generally do not know each other’s identities at the time of donation. However, “anonymous” does not always mean completely anonymous forever. Some agencies, donor banks, and clinics offer identity-release programs, where identifying information may be released to a donor-conceived person when that person reaches a certain age, often age 18. In addition, advances in consumer DNA testing (such as 23 and Me, and Ancestry) have made it increasingly difficult to guarantee lifelong anonymity. For that reason, even anonymous donor agreements should carefully address confidentiality, future contact, identity-release procedures, donor-conceived child inquiries, and the limits of anonymity.

Is the law the same all across the country?

Jurisdiction-specific legal guidance is important because parentage and donor laws vary significantly from state to state and country to country. A donor agreement that is appropriate in one jurisdiction may not be sufficient in another. The residence of the donor, the residence of the recipient parent(s), the location of the fertility clinic, where embryos are created or stored, and where the child may be born can all affect the legal analysis. When international parties are involved, additional counsel may be needed in the parties’ home country to determine whether the intended parent(s)’ legal parentage will be recognized there.

What about legal representation?

Separate legal representation is also important. Although the donor and recipient parent(s) are usually working cooperatively toward the same goal, they do not have identical legal interests. The recipient parent(s) need counsel to protect their path to legal parentage, coordinate with the fertility clinic and agency, and ensure the agreement reflects their intended use of the donated material. The donor needs independent counsel to review the agreement, explain the donor’s rights and obligations, and ensure the donor understands the legal, medical, financial, privacy, and future-contact implications of the donation.

At Fertility Connections Hawaii, we assist with Gamete Donor Agreements involving Hawaii law, including known donor agreements, anonymous or agency-assisted donor arrangements, egg donor agreements, sperm donor agreements, embryo donation agreements, and reciprocal IVF/co-IVF agreements. We work closely with fertility clinics, agencies, donor banks, escrow providers, and other professionals to help ensure that the legal documents support the medical process and the parties’ intentions. Every donor arrangement is unique. A thoughtful Gamete Donor Agreement helps provide clarity, reduce misunderstandings, protect the parties, and create a strong legal foundation for the family being formed.