Embryo Disposition Agreements

Intended Parents with cryopreserved embryos may elect to draft an embryo disposition agreement addressing what will happen to their embryos in the event of their death or divorce.

​For married couples, embryo disposition agreements can address which party will retain custody and control of the cryopreserved embryos upon the event of their divorce. These contracts can also address whether or not a party intends to be a legal parent of any child conceived from the embryos after the parties’ divorce.

​Embryo disposition agreements can also address what will happen to their embryos in the event of their death, including directing the embryos to be donated to another couple, donated to medical or scientific research, or discarded.

​The New York Child Parent Security Act clarifies the scope of embryo disposition agreements and their effect. Embryo disposition agreements can be an important part of your estate planning.

​If you have frozen gametes or embryos and are planning to marry, consider drafting a prenuptial agreement that addresses your frozen embryos/gametes.

Resources

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Posthumous Reproduction & Estate Planning
8 Trends in Reproductive Law

Embryo Disposition

Making decisions about your frozen embryos is a highly personal process, and you deserve support that honors both the emotional weight and long-term implications of those choices. At Oleaga Law, LLC, we help individuals and couples create clear, customized embryo disposition plans that protect their interests and eliminate uncertainty. Whether you’re preparing for the future or going through a significant life transition, our founding attorney, Janene Oleaga, is here to provide counsel rooted in compassion and experience. With offices in Maine and New York, we work with clients throughout the U.S. and beyond. Reach out to us today to set up a consultation and learn how we can help you protect what matters most.

Intended parents with cryopreserved embryos may elect to draft an embryo disposition agreement addressing what will happen to their embryos in the event of their death or divorce. For married couples, embryo disposition agreements can address which party will retain custody and control of the cryopreserved embryos upon the event of their divorce. These contracts can also address whether or not a party intends to be a legal parent of any child conceived from the embryos after the parties’ divorce. Embryo disposition agreements can also address what will happen to their embryos in the event of their death, including directing the embryos to be donated to another couple, donated to medical or scientific research, or discarded.

If you have frozen gametes or embryos and plan to marry, consider drafting a prenuptial agreement that addresses them. The New York Child Parent Security Act clarifies embryo disposition agreements and their effects. Embryo disposition agreements can be an essential part of your estate planning.

These decisions carry legal, emotional, and future-planning implications. Our embryo disposition attorney helps clients understand their full range of options because we’re passionate about ensuring they feel protected and that their wishes are clearly documented. Whether you’re preparing for the possibility of divorce, planning as part of your estate strategy, or taking precautions before marriage, our firm is here to make this process easier and more manageable.

Why Experience Is Important For Embryo Disposition Agreements

Embryo disposition arrangements are some of the most sensitive legal documents in family formation law. Families choose our firm for guidance that is both well-informed and genuinely compassionate.

• Our firm focuses exclusively on family formation services to provide clients with comprehensive knowledge and support, rather than general legal advice.
• Janene’s background in international law provides clients with an added layer of insight, mainly when embryo storage or donor involvement crosses borders.
• Licensed in Maine, New Hampshire, and New York, Janene is equipped to handle multi-jurisdictional questions and conflicting state laws involving embryo control and disposition.
• We have extensive experience supporting LGBTQ+ families, unmarried couples, and non-traditional family structures, so you can count on us to ensure all agreements are tailored to your specific circumstances.
• Janene has held leadership roles in national fertility law organizations and has been honored for her work, including being named to Maine Business Journal’s 40 Under 40.

Whether you’re drafting your first embryo disposition agreement or updating an existing plan due to life changes, our firm is here to help you protect your family and honor your wishes. When you’re ready to take the next step in safeguarding your reproductive future, contact us at Oleaga Law, LLC.