Assignment of Rights to Frozen Embryos
Agreement made on the _________________________ (date) , between
_____________________________________________ (Names of Owners of frozen embryos) ,
of ___________________________________________________________________________
_________________________________________ (street address, city, county, state, zip code) ,
hereinafter called Assignors , and __________________________________________ (Names
of Recipients of frozen embryos) of
__________________________________________________
_______________________________ (street address, city, county, state, zip code) , hereinafter
called Assignees .
Whereas, Assignors are the owners of certain frozen embryos located at ____________
___________________________ (name of facility) at _________________________________
_________________________________________ (street address, city, and state, zip code) ; and
Whereas Assignors desire to give the embryos to ______________________________
(Name) , one of the Assignees, who is the sister of _______________________________ (Name
of Owner who is brother) for the purpose of adoption and implantation in order to enable her to
have children; and
Whereas, the undersigned Assignors do not desire to have a parental relationship with
any children born pursuant to this Agreement and believe _______________________________
___________________________ (Names of Recipients of frozen embryos) will make excellent
parents;
Now, therefore, for and in consideration of the mutual covenants contained in this
agreement, and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
1. Assignors do hereby assign all of their rights, title and interest in and to said frozen
embryos to Assignees .
2. Assignors do not desire to have a parental relationship with any child born
pursuant to this Agreement and believe that any such children born to Assignees to be morally
and legally the issue of Assignees.
3. It is the desire of Assignors and their intent and understanding that any children
resulting from the implantation of said embryos into ___________________________ (Name of
Sister) will be the legitimate children of Assignees, and neither Assignor will ever attempt to
form a parent-child relationship with any child or children born as a result of this procedure.
4. Assignees accept the donation of the embryos and acknowledge that any and all
children so produced to be the legitimate children of the prospective Assignees.
5. No Waiver
The failure of either party to this Agreement to insist upon the performance of any of the
terms and conditions of this Agreement, or the waiver of any breach of any of the terms and
conditions of this Agreement, shall not be construed as subsequently waiving any such terms and
conditions, but the same shall continue and remain in full force and effect as if no such
forbearance or waiver had occurred.
6. Governing Law
This Agreement shall be governed by, construed, and enforced in accordance with the
laws of the State of _____________________.
7. Notices
Any notice provided for or concerning this Agreement shall be in writing and shall be
deemed sufficiently given when sent by certified or registered mail if sent to the respective
address of each party as set forth at the beginning of this Agreement.
8 . Mandatory Arbitration
Any dispute under this Agreement shall be required to be resolved by binding arbitration
of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one
arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall
arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration
Association then in force and effect.
9. Entire Agreement
This Agreement shall constitute the entire agreement between the parties and any prior
understanding or representation of any kind preceding the date of this Agreement shall not be
binding upon either party except to the extent incorporated in this Agreement.
10. Modification of Agreement
Any modification of this Agreement or additional obligation assumed by either party in
connection with this Agreement shall be binding only if placed in writing and signed by each
party or an authorized representative of each party.
11. Assignment of Rights
The rights of each party under this Agreement are personal to that party and may not be
assigned or transferred to any other person, firm, corporation, or other entity without the prior,
express, and written consent of the other party.
12. Counterparts
This Agreement may be executed in any number of counterparts, each of which shall be
deemed to be an original, but all of which together shall constitute but one and the same
instrument.
WITNESS our signatures as of the day and date first above stated.
___________________________________ ____________________________________
ASSIGNORS ASSIGNEES
____________________________________ ____________________________________
(P rinted or typed name) (P rinted or typed name)
____________________________________
____________________________________
(P rinted or typed name) (P rinted or typed name)
(Acknowledgment for may vary by state)
STATE OF _______________
COUNTY OF _____________________
Personally appeared before me, the undersigned authority in and for said County and
State, on this ___ day of __________________, ___________, within my jurisdiction, the
within-named ___________________________________________ (Names of Assignors) , who
acknowledged that they each executed the above and foregoing instrument.
___________________________
NOTARY PUBLIC
My Commission Expires:
______________________
STATE OF _______________
COUNTY OF _____________________
Personally appeared before me, the undersigned authority in and for said County and
State, on this ___ day of __________________, _______, within my jurisdiction, the within-
named _________________________________________________ (Names of Assignees) , who
acknowledged that they each executed the above and foregoing instrument.
___________________________
NOTARY PUBLIC
My Commission Expires:
_____________________
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FAQs
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