Embryo, Egg and Sperm Donation Lawyers Support Families Through Assisted Reproduction

We represent you as you expand your family

With an embryo sperm or egg donation, you are receiving genetic material from another person, which raises complicated legal issues. The Phelps Legal Group has helped hundreds of singles and couples use donors in Michigan and throughout the United States. We represent individuals, families, medical practices, adoption agencies and social service agencies in this complex process.

What are the laws about embryo, egg and sperm donations in northern Michigan?

Michigan law does not directly address the rights of an embryo, egg or sperm donor, making it a particularly complicated area of law to navigate. The state does require the tracking of all eggs used at fertility clinics and the testing of sperm donations for HIV. Federal guidelines and regulations also govern this area of law and medical practice.

No matter how a child is conceived, a child born to a woman in Michigan is her legal child. If the child is born with the consent of her spouse, the child is legally the spouse’s as well, regardless of who provided the embryo, egg or sperm.

Because of the lack of regulation in the fertility area, it is essential that you have an enforceable embryo, egg or sperm donor contract, created by an experienced family law attorney.

How do embryo donations work in Michigan?

Embryo donation usually occurs when a couple or individual creates embryos during fertility treatments, successfully has a child, and then decides to donate the unused embryos to other people who are trying to have children. If you are donating or accepting an embryo, you need a contract that spells out everyone’s rights. The contract would make it clear that no child support would ever be requested and that the donor would have absolutely no parental rights. Embryo donations can occur:

  • Privately — An individual donates an embryo to someone else.
  • Via an agency — Embryos can be donated to an agency, which then places them with recipients. The donation can be anonymous or disclosed.

It is also legal to authorize the destruction of your unused embryos in Michigan. It is illegal to sell embryos in Michigan. Our attorneys are on the cutting edge of fertility law and are ready to guide you through this complex process.

Can embryos created using donated sperm or eggs be donated?

Once you receive an egg or sperm donation, you have the legal right to that material. Any embryo that is created is yours and you control what happens to it. It is up to you to decide whether to implant it, donate it or give it to researchers.

Is it possible to have a custody case over embryos in Michigan?

Frozen embryos are not considered children under Michigan law. Currently, there are no specific laws or cases that address how Michigan courts should handle disputes over them. The most common dispute is during a divorce when one spouse wants to use the embryos, or at least own them, and the other spouse wishes to destroy them. This is a new area of law that is rapidly evolving in state courts and legislatures around the country. The Phelps Legal Group is ready to represent you in any dispute regarding your embryo.

Work with attorneys who are experienced in egg, sperm and embryo donations

Our attorneys have wisely handled these sensitive topics for hundreds of clients. Call the Phelps Legal Group today at 231-421-6577 or reach us through our online contact form. Our office is on the corner of Grandview Parkway and M-72 in Traverse City.