If you’re considering freezing your eggs, you’ll be asked to complete a set of documents including a “clinic disposition” form. This form outline what you want to happen to your eggs, or embryos, under certain future circumstances. Although most patients sign them as a standard part of the medical intake process, it’s important to know what these forms do and don’t cover.
What are egg freezing clinic disposition forms?
When you undergo the egg freezing process, clinics require you to sign disposition forms indicating what you want done with your eggs or embryos if you separate, divorce, pass away, or stop paying storage fees. These forms help guide the clinic’s procedures so that way they’re not making decisions on the patient’s behalf.
Clinic disposition forms:
Are administrative, not legal agreements
Do not go through the same legal scrutiny as contracts
Rarely address all real-life scenarios
Can conflict with state law
Are often not enforceable
What are the limitations of these forms?
Disposition forms matter, but are limited. Real-life situations may arise that these forms don’t account for, such as:
A new partner
A change in your medical condition
Wanting to donate eggs
Disagreements during IVF or embryo creation
In these scenarios, or other legal disputes, courts have repeatedly held that disposition forms are helpful evidence but not controlling. This is why women and couples who rely solely on clinic disposition forms can often end up drawn out in painful legal fees and potential legal battles.
So how do I protect myself?
A Reproductive Estate Plan (REP) can help fill in some of the gaps that the clinic disposition forms do not address and allow women to put their reproductive wishes in writing. The form is a legal document that determines what happens to your eggs, embryos, and reproductive plans across a wide range of scenarios, all of which are legally enforceable rules. An REP doesn’t replace a disposition form, but rather works alongside it.
When should I revisit my original disposition forms?
It’s your responsibility to update your disposition forms as you experience life changes and your reproductive goals evolve. Instances of when you may want to do so can include:
A break up or divorce - to prevent a former partner from being involved
A marriage or a new serious relationship - conversely, you may want to establish your partner’s involvement
Creating embryos
Moving to a new state - reproductive laws can vary state to state
The bottom line: any time your family or personal plans change, you should update these forms. Even though they’re not legal documents, clinics will rely on whatever instructions have, and haven’t, been documented.
Rijon Charne, Esq. is a licensed attorney practicing fertility law in California. After obtaining a dual degree in Psychology and Philosophy from the University of Texas at Austin, she earned her Juris Doctorate from the University of San Diego Law School. Rijon has a long standing history of advocating for children' s rights. Having undergone fertility treatments herself, she is driven to guide individuals through the intricate legal process of assisted reproductive technology. She handles all aspects of fertility law, including egg donation, sperm donation, embryo donation as well as the complicated area of surrogacy law.
Learn more about her practice, Sunray Fertility, here.
