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Laws of Collaborative Reproduction: Factors Influencing Likehood of Enforcement of Collaborative Reproduction Arrangement


Factors Favoring Enforcement Factors Weighing Against Enforcement
Prior Written Contract
  • separate legal counsel
  • individualized
  • mutual rights and obligations
  • all participants are parties
  • addresses future contingencies
  • runs between parties, not professionals
Verbal Agreements or no Discussion
Evidence of True Informed Consent
  • separate legal counsel
  • plain language written material
  • verbal explanations
  • opportunity for questions and negotiations
  • psychological counseling
  • time for decisions
  • consistent with other elements
Sham Informed Consent
  • no independent review
  • written materials difficult to understand
  • no discussion
  • take it or leave it
  • absent or unprofessional counseling
  • hurried process
  • consent forms conflict with each other or will
No Coercion
  • no payment
  • payment structured for services, not gametes or relinquishment of parental rights
  • payment
  • payment contingent on donation, relinquishment of rights, characteristics of donor, or too large
  • unequal financial circumstances
Traditional Family Structure of Intended parent(s)
  • married couple
  • heterosexual
  • consistent with child's best interests
  • some screening/investigation
  • responsible behavior
Non-Traditional Family Structure
  • single parent or unmarried couple
  • lesbian or gay
  • unusual or distasteful
  • no screening/investigation
  • irresponsible behavior
Characteristics of Gamete Provider/Carrier/Surrogate
  • prior children
  • older
  • middle or upper socioeconomic status
  • consent/approval of spouse and family
Characteristics of Gamete Provider/Carrier/Surrogate
  • no prior children
  • young
  • low socioeconomic status, life crisis
  • no family approval/support

  • Biological Link of Intended Parent(s) Compared To Collaborative Participant
  • Statute and/or Clear Expression For Termination of Public Policy
  • Conformance with Traditional Requirements for Termination of Parental Rights
  • Claims of Participants Greater than Claims of Outsiders

©Terri Finesmith Horwich 1995. All Rights Reserved.

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© 2007 OPTS - The Organization of Parents Through Surrogacy