Donation Contracts: Why Undergo Evaluations and Why Should Each Party Be Represented by Counsel?

In general, donation contracts seem straight forward – the donors and recipients are matched, often through an agency or clinic, and agree generally to the anticipated terms of the contract. So, why should they undergo psychological evaluations, and should all parties be represented by counsel?

Regardless of whether the parties know one another or the contract is anonymous, donations have significant legal consequence and thus numerous factors for consideration in entering into a donation contract. It is important that psychological evaluations be completed to answer the parties’ questions and help them think through circumstances that could arise as a result of a donation ranging from recognition of the potential existence of a child they may not meet or have a relationship with, what happens in the event a party to the contract passes before or after a pregnancy occurs, how any surplus of the donation should be handled, etc.

Additionally, the contracts are typically very lengthy and contain detailed provisions, and the legal ramifications of a breach of contract are often substantial. It is imperative that the parties understand thoroughly all representations and warranties they are making in the contract, in addition to all other terms of the contract. An experienced attorney will take the time to go through each provision of the contract with their respective client(s) to ensure there is a complete understanding of the provisions and the parties are knowingly and voluntarily entering into the agreement. The Academy of Adoption & Assisted Reproduction Attorneys finds the question of legal representation so important that the Academy’s Ethics Code requires that any Fellow representing a party to a contract ensure the other party likewise is represented by separate counsel, except in very limited circumstances. For legal consult please visit Tate Healey Webster webpage

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