Advice Help!! Legal Contract Question for an Anonymous DonationMay 19 2011 at 11:19 AM
|anonymous (no login)|
We are in the process of doing drafts with our attorney for the donor contract. This is an anonymous donation and we want it to remain that way. There is a clause, however, that states that in the event of a severe medical or psychological condition that arises in the future (with either the donor, her future offspring or our child) we can connect with the agency to get more medical information if the doctor feels it important enough. I wanted to have that phrase stricken since we don't want any contact in the future but part of me thinks extenuating medical circumstances might warrant keeping this clause...just in case.
Any advice? Have any of you kept a clause like this and still did an anonymous donation?
Is there anything else that is vital enough that should be in our general contract with the donor?
Thanks for any and all help!
I would keep the clause and add one
|May 19 2011, 12:23 PM |
What if your child or hers needs a donation of tissue to cure a disease? (bone marrow for example) wouldn't you want to assist a child in need? Confidentiality need not be compromised. The donor or a member of her family might be assisted as well. After all without her help you may not have a family. I added a clause to my contract as follows:
The Donor also agrees to consider assisting the child or children if a serious medical condition could be improved or cured with a donation from a genetic relative. The Intended Mother agrees to do the same for the Donor or the Donors children if they are diagnosed with a serious medical condition. The Parties shall mutually determine at that time whether any increased contact is warranted.
Re: I would keep the clause and add one
|May 19 2011, 4:52 PM |
Agree completely with mcphee . We have a similar cause in the contract that we are looking at .Though I am not so sure about anonymity.
Yes, keep it.nt
|May 19 2011, 12:25 PM |
Yes, keep the clause
|May 19 2011, 8:14 PM |
Echoing others' comments, you should keep the clause. It is only triggered in case of emergency, and even then, you would be contacted through a third party. The clause is there for everyone's protection. It would be just awful if a medical emergency came up that could have been helped if you had not removed this clause.
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