Embryo Disposition Agreement Lawyer

Embryo Disposition Agreement Lawyer Serving New York, Connecticut, Maine & New Hampshire

Progenitors with cryopreserved embryos may elect to draft an embryo disposition agreement addressing the future disposition of their embryos including how their embryos will be handled in the event of their future separation, divorce, death, or disagreement.

​For married couples, embryo disposition agreements can provide certainty as to which individual will retain ownership and dispositional control of the couples’ cryopreserved embryos in the event of a future divorce, the death of a party, or disagreement as to family building.  These legal agreements 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 cryopreserved embryos upon a party’s death, perhaps allowing a living partner to access the embryos for their family building and addressing whether the decedent intends to be recognized as a legal parent posthumously.

Embryo disposition agreements are becoming increasingly important as individuals are seeking IVF and fertility treatments at historic highs, and the number of embryos in storage in the United States continues to climb.  As education surrounding fertility treatment grows, the population is becoming more educated about how to handle reproductive matters, and protect their future reproductive options.  All fertility patients know (or should know) that relying on the designations made on their fertility clinic forms alone, may result in an unintended outcome.

​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, and can make the difference between your ability to access embryos you created with a spouse or partner for purposes of having a child, and not.

​If you have created embryos with a spouse or partner, or are considering forming embryos with a spouse or partner, it’s essential you and your partner/spouse get clear on what your intentions are for the embryos you create, and what will happen to the embryos in the event of a future separation or disagreement.  Do you want your embryos discarded?  Do you want to allow your ex to have a child from the embryos you created together even after a breakup or divorce?  If so, would you want to be a legal parent?  Would you want your embryos donated to another couple or individual if you and your ex could not agree on their use or deposition?  Would you want your embryos cryopreserved in perpetuity until you reached a decision?  Your answers to these questions and their memorialization in a legal agreement can determine your future ability to have a child or children.

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Embryo Disputes: A Technical and Legal Analysis Under New York Law
What to do with remaining frozen embryos?
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 your decisions.  At Oleaga Law, LLC, we help individuals and couples create clear, customized embryo disposition agreements that protect your future reproductive options 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. If you have questions about creating embryos, schedule a complimentary consultation and discuss your legal options.

Whether you are aware or not, the decisions you make at the IVF clinic and the designations you provide on your IVF clinic forms carry legal, medical, and emotional implications. Our embryo disposition attorney helps clients understand their options before, during, and after IVF, ensuring fertility patients are providing informed consent to treatment, their wishes clearly documented, and their future reproductive options protected. Whether you’re getting married, divorcing, estate planning, breaking up with a partner, or at the beginning stages of IVF, we’re here to help you understand your options and protect your future.

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 informed, compassionate guidance.

• 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, especially when reproductive arrangements cross state or national borders.
• Licensed in New York, Connecticut, Maine & New Hampshire, Janene is equipped to handle multi-jurisdictional questions and conflict of law issues regarding the legal status of embryos, and embryo ownership and dispositional control.
• 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 needs.
• 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.

Oleaga Law LLC 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.