Embryo Disposition Agreement

R2,950.00

An Embryo Disposition Agreement is a formal legal agreement that can be compared to an ante-nuptial contract, which couples sign prior to getting married, coupled with an advance directive for ART / IVF and fertility preservation treatment.

SKU: FL-EDA Category: Tags: , Product ID: 1426

Description

  1. An Embryo Disposition Agreement is a formal legal agreement that can be compared to an ante-nuptial contract, which couples sign prior to getting married, coupled with an advance directive for ART / IVF and fertility preservation treatment.
  2. The Embryo Disposition Agreement will regulate what happens to a Recipient or couple’s embryos, should a specific unintended consequence occur. In particular, it will regulate what happens to their embryos should:
    1. the couple get divorced/separated;
    2. either or both pass away;
    3. either or both become incapacitated and are unable to provide their consent for further treatments;
    4. either or both reach the SASREG age limit of 55 years old;
    5. a certain pre-agreed period of time elapse without the embryo being used; or
    6. should there be a disagreement relating to any further treatments and the necessary consent of one partner is withdrawn.
  3. Advance directives originated in the context of end-of-life treatment, where people indicate what kind of treatment may be performed when they can no longer decide for themselves. Advance directives, and in the context of ART or Embryo Agreements, are recognised as an extension of the decision making authority of competent patients to indicate what kind of treatment may be performed using any cryopreserved embryos and are therefore legally enforceable.
  4. An Embryo Disposition Agreement is therefore an authoritative instruction given by a legally competent Recipient or couple, regarding the type of treatment and in this case, the disposition of any embryos, that are cryopreserved and stored at a clinic. This will provide both patients and clinics, and where necessary, the Courts, with authoritative proof of a Recipient’s / couple’s intention and directives as to what treatment, if any, is to continue should one of the unintended consequences occur.
  5. It is therefore advised that each and every patient enters into an Embryo Disposition Agreement, or similar declaration when either embryos are cryopreserved, with the intention of future use by the Recipient or couple. This would apply to all future patients and all patients who currently have embryos cryopreserved at the various clinics.