1. RICHARD VAUGHN, ESQ.
Founder and Principal

2. Non-Traditional Family Formation
Provisions for Surrogacy and Egg Donation Agency Agreements: What to Include, What Should be Questioned & New Considerations.
Egg Donation
Parental Rights
Embryo Donation
Surrogacy
Sperm Donation
Non-Traditional Family Formation

3. “…..i would want you to include what should be in ALL agreements straight across the board, those things that are cause for concern and should be questioned, AND new considerations for current issues …..oh, and can you do this for both surrogacy agreements and egg donor agreements in 30 minutes or less…and please save time for Q&A. Thanks. Love ya tons, wendie.”

4. GESTATIONAL Surrogacy Agreement
GENERAL PROCEDURE
REPRESENTATIONS AND WARRANTIES
PARENTAL RIGHTS
CUSTODY OF CHILD UPON DEATH OF INTENDED PARENT(S)
MEDICAL EVALUATION
PSYCHOLOGICAL EVALUATION AND COUNSELING
MEDICAL INSTRUCTIONS; EMBRYO TRANSFER PROCEDURE
CONDUCT DURING THE AGREEMENT, PREGNANCY AND BREAST MILK PUMPING
PRENATAL SCREENING AND DIAGNOSTIC TESTING
ABORTION
FETAL REDUCTION
MEDICAL EMERGENCY; LIFE SUPPORT
SECOND OPINION
DELIVERY OF CHILD
BREAST MILK PUMPING
SURRENDER OF CUSTODY UPON BIRTH
CONTACT
CHANGES IN CIRCUMSTANCES
PAYMENTS AND EXPENSES
HEALTH INSURANCE AND UNCOVERED MEDICAL EXPENSES
ASSUMPTION OF RISKS OF ABNORMAL CHILD/GENDER OF CHILD
ASSUMPTION OF MEDICAL AND PSYCHOLOGICAL RISKS
CONFIDENTIALITY/PRIVACY RIGHTS
TERMINATION

5. GESTATIONAL Surrogacy Agreement
TAXES
GOVERNING LAW / JURISDICTION AND VENUE
ENFORCEABILITY OF AGREEMENT
CONDITIONS TO PERFORMANCE
CONSTRUCTION
COUNTERPARTS
AMENDMENT TO AGREEMENT
ATTORNEYS’ FEES
INTEGRATION
SURVIVAL
AGENCY, PARTNERSHIP, EMPLOYMENT, OR JOINT VENTURE
HEIRS AND ASSIGNS
TIME IS OF THE ESSENCE
FURTHER ASSURANCES
Exhibit A
Defined Terms
Compensation
Allowances
Special Fees
Travel Expenses
Lost Wages
Health Insurance and Uncovered Medical Expenses
Other Expense Reimbursement

6. Surrogacy Agreement What it all boils down to:
Rights and Obligations of the Parties
- Following Doctor’s orders, including dietary, lifestyle and travel restriction
- IPs will be parents of any resulting child(ren), Surro will cooperate
The Parties’ agreement on termination of pregnancy or reduction of pregnancy
Risks of the Parties
Surrogate Insurance
Trust Account Funding Schedule
Financial Arrangement

7. Surrogacy Agreement Topics for Discussion and Forward Thinking Zika
Marijuana
Abortion/Reduction - willing to travel
Language to describe defects (which could trigger an IP request to terminate/reduce) – any medical reason, including but not limited to genetic, physical, physiological or chromosomal as determined by the then-treating physician (or second opinion) [[[i.e., anything except gender or change of heart]]]
Insurance review for existing maternity healthcare policies - required in CA but not everywhere - best practice – even if we THINK it was a policy that has been safe so far….
Full payment fee triggers
Insurance – Life, Disability, Loss of Reproductive Organs

8. EGG DONATION Agreement
GENERAL AGREEMENT
REPRESENTATIONS AND WARRANTIES
GENETIC HISTORY EVALUATION
PSYCHOLOGICAL EVALUATION
PHYSICAL EVALUATION
DONOR'S CONDUCT
PROCEDURE
MATERNITY AND PATERNITY
TERMINATION OF CUSTODY AND PARENTAL RIGHTS
CONFLICTING MEDICAL CONSENT FORMS
DEATH OF INTENDED PARENTS
CONSIDERATION
HEALTH INSURANCE / OOCYTE DONOR ACCIDENT INSURANCE
ASSUMPTION OF RISKS & GENERAL RELEASE
MATERIAL BREACH
CONFIDENTIALITY/PRIVACY RIGHTS
LIMITED FUTURE CONTACT
CHANGES IN CIRCUMSTANCES
ANONYMITY
TERMINATION OF AGREEMENT AND/OR CANCELLATION OF CYCLE
TERM
LEGAL REPRESENTATION
CONFLICT WAIVER
TAXES
NOTICE
AGENCY, PARTNERSHIP, EMPLOYMENT, OR JOINT VENTURE
GOVERNING LAW / JURISDICTION
ATTORNEY’S FEES

9. EGG DONATION Agreement
CONSTRUCTION
COUNTERPARTS
ENFORCEABILITY OF AGREEMENT
SURVIVAL
AMENDMENT TO AGREEMENT
TIME IS OF THE ESSENCE
INTEGRATION
HEIRS AND ASSIGNS
CONDITIONS TO PERFORMANCE
FURTHER ASSURANCES

10. Egg Donation Agreement
What it all boils down to:
Rights and Obligations of the Parties
- Following Doctor’s orders, including dietary, lifestyle and travel restriction
- IPs are presumptive parents of any resulting child(ren)
The Parties’ agreement on ownership of all eggs upon retrieval, all embryos created and disposition of any unfertilized eggs or remaining embryos
Future Contact / Medical Information
Risks of the Parties
Financial Arrangement – Fees/Expenses
Egg Donor Insurance
Trust Account Funding

11. Egg Donation Agreement
Topics for Discussion and Forward Thinking
Donor Sibling Registry
In-House programs – skipping contract process, telling IPs/Donors they don’t need a lawyer and that the medical consent forms are enough (wrong)
Insurance – out of pocket responsibility of the IPs

12. Thank You Richard B. Vaughn, Esq. Founder
SEEDS: Costa Mesa, CA; April 27-28, 2018
Presented by: Richard B. Vaughn, Esq.
Phone:
Web:
© 2018 International Fertility Law Group
Not for distribution. Internal use only.