Intended parents who have frozen gametes or embryos (including their own eggs/sperm/embryos or donated ones), should have a gamete or embryo disposition agreement setting forth what will happen to their frozen gametes/embryos upon their death or divorce. For example, intended parents may opt for their unused gametes or embryos to be donated to medicine or science for research purposes, donated to another family so that they can conceive their own child, or be destroyed upon their death. Under New York State law, this type of planning cannot be done in a Last Will and Testament, so it essential that a disposition agreement be created to address these important issues. For intended parents who are married, these disposition agreements also address who will be awarded ownership of the gametes/embryos in the event of a divorce, and what each party may do with the frozen gametes/embryos after the intended parents’ divorce.
Each intended parent must have independent legal representation when entering into a gamete or embryo disposition agreement.
A single intended parent can execute a statement of intention with respect to their frozen gametes and/or embryos.