Top 5 Mistakes to Avoid in ART Agreements

Building your family through assisted reproductive technology (ART) is an exciting journey. Whether you’re pursuing IVF with a donor, embryo donation, or gestational surrogacy, clear legal agreements are essential to protect everyone involved—and to ensure your parental rights are secure from the start.
Unfortunately, many intended parents, donors, and surrogates underestimate how critical these agreements are, or they assume “standard paperwork” from a clinic is enough. Here are the top five mistakes to avoid in ART agreements—and how to do things the right way.
1. Using Only Clinic Forms Instead of Custom Agreements
Fertility clinics often provide consent forms, but these are not legal contracts. Clinic forms cover medical procedures—not parental rights, responsibilities, or future disputes.
- What to do instead: Always work with an experienced ART attorney to draft agreements tailored to your family’s unique situation and compliant with local laws.
2. Ignoring State-Specific Requirements
ART law varies widely from state to state. Maryland, Virginia, and Washington, DC each have their own laws about surrogacy, donor agreements, and parentage orders. Using an agreement designed for another jurisdiction—or skipping legal review altogether—can leave your parentage uncertain.
- What to do instead: Choose an attorney who practices in the state where your child will be born or where your procedure takes place to ensure full legal recognition.
3. Failing to Address Future Issues
What happens to unused embryos? What if a donor wants future contact—or none at all? What if a surrogate is placed on bed rest? Leaving these questions unanswered now can lead to disputes later.
- What to do instead: Make sure your agreements address
every foreseeable issue, from medical decisions during pregnancy to future communication preferences.
4. Waiting Too Long to Get Legal Advice
Some families wait until after treatment has started to contact an attorney. By then, it may be harder to resolve problems or meet court deadlines for parentage orders.
- What to do instead: Engage legal counsel early to ensure any agreements are in place.. A properly drafted agreement should be signed and finalized
before donations occur, insemination occurs or embryos are transferred.
5. Not Securing a Parentage Order
Even with a solid donor or surrogacy agreement, you may still need a court order confirming parental rights. Without it, you could face issues with birth certificates, travel, or even medical decision-making for your child.
- What to do instead: Ask your attorney whether a pre-birth or post-birth parentage order is required in your jurisdiction or if an adoption is recommended—and don’t skip this step.
Final Thoughts
Assisted reproductive technology makes parenthood possible, but the law is what makes parenthood secure. Avoiding these common mistakes will save time, money, and stress—and protect your family’s future.
At Foster + Bloom Family Formation Law Group, we guide intended parents, donors, and surrogates through every step of the legal process. Whether you need a donor agreement, surrogacy contract, or parentage order, we ensure your rights are clear and your family is protected.
Contact
Foster + Bloom Family Formation Law Group
today to make sure your ART agreements are done right—from the very beginning.











