Congratulations on taking the next step!

Before we get down to business, please bookmark this page! You will need to reference it throughout your embryo donation agreement process. Also, please send it to the party you matched with, as they will need it as well. 

I’m excited to work with you on this special part of your embryo donation journey. I know how  overwhelming this process can seem, but it’s my goal to make it as easy to complete and understand as possible. Please read the information below for how the process will work.

1. Submit Information

It is the job of the party who purchased the legal agreement (typically the embryo recipient) to pass this information along to the other party. The non-purchasing party will not receive this information automatically. Please be sure to read the questions and instructions thoroughly to avoid confusion. 

Recipients, please complete this online form: NRFA Questionnaire – Embryo Recipients

Donors, please complete this online form: NRFA Questionnaire – Embryo Donors

Each party/person will be asked to provide:

  • Full legal names, the last 4 of their SSN (if you are not a US resident, there are other options listed in the questionnaire), date of birth, address, phone number, and state/county of residence.
  • What clinic/storage facility each party is working with, so that we can be aware of any special items they may require.
  • Embryo donors will be asked how many embryos they are donating and a “time to transfer” period. (See below)
  • Marital status, so that we can use the correct verbiage and context in the agreement. 

The legal agreement language is defaulted to state that the recipient party has 12 months from the legal agreement effective date, to complete one transfer. While we understand this is not something all matches desire, we strongly encourage some kind of timeline, to allow the donors a way to get the embryos returned if the recipients fail to move forward. Unfortunately this is something we have seen, which is why we strongly encourage it as a part of every legal agreement. The time to transfer period that we ask donors to provide is time beyond that initial 12 months from the effective date. Example: The legal agreement reads that the recipients have 12 months to complete their first transfer, then 3 years to complete a subsequent transfer. If you complete a transfer a month from now that is successful, you are agreeing to complete another transfer within 3 years. If no transfer is completed within that time, the remaining embryo(s) will be returned to the donor, donated to another party, donated to research, or discarded. If you complete a transfer a month from now and it fails, then you wait 10 months to transfer again, the 3 years would be counted from the second transfer.

Each match should decide what option is best for them regarding the disposition handling, however the default language is for the embryos to return to the donor party at the expense of the embryo recipient

If you know the ID information for the embryo(s) when you submit the other information, please send them in an email so we can include that in your draft. It can also be added later, if you need to get it from the clinic, but if it’s known we can get it included right away. 

If any remaining embryo(s) are not being returned to the donor, please email us with that information as well, so we can try to get it included for the draft copy. We like to have those things included from the start, if we can. 

2. First Draft

Once the above information has been received, the initial agreement will be drawn up and sent to both parties (donors & recipients) within 2 business days. The email you receive with the first draft will include instructions on how to proceed with changes. 

3. Submitting Edits

Only one round of edits will be completed at no additional fee, so be very certain that you have communicated with the other parties to the contract and are submitting all of the edits that both donors and recipients require and agree on. The person that purchased the contract services should submit these combined edits in one document, which will be provided when you receive your draft copy. If you find a typographical error, those should be submitted via a response to the email sent containing the contract draft. If you have embryo ID information that was not provided previously, this will be when it needs to be added. 

4. Final Contract & Signatures

Within 4 business days of receiving the requested edits, a final copy will be submitted to all parties to be signed with a notary. If further edits are needed, additional fees will apply, based on the edits requested. Typographical errors do not count as further edits. Instructions for signing your agreement either in person or with a virtual notary will be included in the email sent with your final copy

5. Contract Submission

After signing the contract before a notary either in person or virtually, please scan and email a PDF version of the final contract with signatures to support@nrfa.org, and to the fertility clinic(s) or storage facility involved. Each party may submit their own copy which will then be combined when all copies are received. A combined version will then be sent back to all parties.

6. Letter of Legal Clearance

NRFA does not automatically draw up a Letter of Legal Clearance, as not all clinics require it. The cost for this add-on document is $100. If your clinic requires this document, please let us know. You can purchase the letter at any point, however we prefer to wait until the email containing the final draft is sent. This allows for time for any extenuating circumstances to come up, such as having to switch clinics to one who doesn’t require the letter or a match falling through.  Once your contract is returned fully executed, we are able to send the letter to the parties. There is more information and a payment link available at NRFA Letter of Legal Clearance

7. Looking to the Future

NRFA is able to do any addendums (amendments) to your legal agreements should things come up down the road. Examples of when an addendum would be needed:

  • The recipient is able to receive additional embryos from the same donor.
  • A clinic wants an item clarified (which is why we ask what clinic you’re using, when you start the process-hopefully we can avoid this!)
  • The recipients wish to return the embryo(s) to the donor because they are unable to use the embryo(s) or they have completed their family.

We are able to help with any of these circumstances, should they come up. 

If there are questions that arise as you navigate the steps to complete your legal agreement, please reach out to Bridget at support@nrfa.org.  

Please be aware that the firm we work with is the attorney for NRFA, not individually for either the donor or recipient.