Most IVF centers require genetic counseling for sperm donation cycles, unless they intend to do the more extensive genetic testing through Counsyl, Good Start, or similar companies that provide genetic counseling as a part of their testing services. All parties involved in the donation cycle will undergo some genetic testing; however, the actual genetic testing completed is determined by the IVF center. Intended parents should discuss all genetic testing concerns or genetic family history directly with the IVF center. Some genetic test results may take 2-3 weeks, and IVF centers will not begin the sperm donation protocol until all genetic test results are finalized.

If a genetic consult is requested by the clinic, the counselor reviews the donor’s profile and genetic questionnaire, conducts a phone conversation with the donor to discover as much genetic family history as possible. The genetic counselor then creates a pedigree, writes a report describing the findings, recommends any additional genetic tests based on the pedigree, and submits the full report to the IVF center and agency. Note that it is the sole responsibility of the IVF center—not APM or the genetic counselor—to determine which actual genetic tests are ordered for the donor.

The cost of a genetic consult is approximately $350 for the donor and is paid for by intended parents. Some counselors will discuss the donor’s consult with intended parents, but others charge an additional fee (around $150) to discuss the findings with intended parents so it can be determined if the donor and intended parents share any potential genetic traits that could cause an issue for a child. Any genetic testing of the donor or the intended parents is determined by and ordered by the IVF center. The cost of genetic testing is paid by the intended parents through the IVF center or trust account. Genetic consults are generally at no cost through the genetic testing company.

This evaluation detects psychological issues of a donor, as well as ensures the sperm donor fully understands the long- term and emotional aspects of donation. Although all IVF centers require such psychological screening of donors, some centers have their own in-house psychologist who determines whether to accept the donor candidate. Centers that do not have their own psychologist on staff require this screening to be done by a licensed mental health professional acceptable to the IVF center. A previous evaluation may be accepted by the IVF center if it is less than a year old.

A PAI, MMPI, or similar personality assessment is conducted with the donor during as part of the psychological screening. The mental health professional meets with the donor after testing for a personal evaluation, during which they may discuss the donor’s history, his understanding of the sperm donation process, and his commitment to the process. (During COVID this is done by video chat) The mental health professional generates a written assessment of the donor’s psychological suitability for a donor cycle. This assessment is submitted to the IVF center for their final approval and determination of the donor’s eligibility, and APM receives a copy for our files. Intended parents will not receive the actual test results or assessment.

This screening is performed by either the primary IVF center or a monitoring physician approved by the primary IVF center. The IVF physician will review the donor’s existing medical records and conduct a medical history interview.  The medical screening will be based on the donor’s history and the IVF center’s specific protocol.   A semen analysis will be required to determine the quality of the sperm and its ability to survive a freeze and thaw.   The center will also do infectious disease testing to determine whether the donor meets FDA eligibility requirements.

Each IVF center has its own protocol for the screening of sperm donors and is responsible for determining which tests to perform on the intended parents and the donor. This is in addition to the FDA’s requirements for specific testing of each gamete contributor.  

Once you are matched with your sperm donor and final compensation has been agreed upon, A Perfect Match will send the attorney referral to the attorney who will represent the intended parent and to the attorney who will represent the donor.  The legal contract will cover compensation, legal obligations of the parties, sperm donor’s conduct, legal possession of s/embryos, and future communication or contact between donor and intended parents, or between donor and child when of legal age. The contract may furthermore set limitations on the use of the donor’s sperm and resulting embryos.  

Most donors are willing to allow intended parents to use the sperm for creation of their own family, but most do not want any remaining sperm to be donated to others who intend to use it for procreation purposes without his knowledge or permission.  Although such terms are generally agreed to during the matching phase, a donor or intended parent can change their minds once they have legal counsel.

Similarly, a sperm donor may cancel the contract for any reason—until the day he provides his first donation for procreation purposes.  Such cancellations are rare, however, and typically due to difficult personal situations—death of a family member, his own medical issue that precludes him from donating, etc.  Donors rarely cancel a cycle after the legal consult, as he understands the level of commitment that is expected in the process.  Once the legal contract is signed and sperm donations begin, however, a donor may cancel only for medical reasons substantiated by the primary physician; otherwise, he will be in breach of contract.

The sperm donor and intended parents have separate legal counsel. Attorneys will send their own clients an engagement letter that specifies the attorneys’ services and fees. Legal costs for both donor and intended parents are paid by the intended parents directly or through trust. The intended parent’s attorney is the drafting attorney, and the sperm donor’s attorney is the reviewing attorney.
An attorney should have a minimum of 3 years of experience in the reproductive field. This ensures that the contract’s terms reflect APM’s donor program and any applicable State of Federal laws.
The drafting attorney sends an initial draft of the contract to the intended parents for approval, after which the contract is sent to the reviewing attorney. The reviewing attorney discusses the contract’s terms with the donor, noting any changes the donor may desire. The reviewing attorney then notifies the drafting attorney of any change requests in the form of a redline document. Once the terms of the contract are finalized, all parties are required to sign the contract, at which time a legal clearance letter is finalized and issued to the IVF center. The donor will not start the sperm donation protocol until all parties sign the sperm donation contract and the drafting attorney sends a legal clearance letter to the IVF physician.
Upon receipt of a copy of the final agreement, APM will request a final payment of funds to be placed in trust to cover expenses based on the terms of the contract.

As part of the legal agreement, the full amount of funds for the sperm donor cycle—Including cost of travel, and donor’s compensation—are placed in a trust account prior to when the sperm donor beings the protocol for donation.
The trust fund is required to protect the identities of all the parties. Invoices will be redacted to remove the names or other identifying information of the parties. Our goal is to have all invoices paid promptly, to always protect client and donor identity, and to ensure that our clients receive a full accounting and access to reports and statements concerning their funds. Unfortunately, not all companies provide this service to the degree that APM requires, and we ask that you consult with us prior to making any arrangements

We believe every donor should have access to information about his donation results.  This is not to invade your privacy as intended parents, but to inform the donor so he can make decisions about his own future family planning.  We ask our intended parents to sign a medical release authorizing the IVF center to let APM know the number of vials of sperm donated, the number of eggs fertilized, the number of embryos created, and if there was a pregnancy.    Such information is valuable to the donor not only for his family planning and future donations—but it can confirm for him that his efforts resulted in a positive outcome and will make a difference in the lives of others. Donors are compensated financially, but they donate to help others create families—and they want the best for you and for any children created through their donation.  Donors are not interested in being a parent to your child. 

Finally, we require that you and the donor agree to notify each other of any medical or genetic issues that may become known to the donor’s family or to the donor child, and we request all parties notify us of any change in contact information.  This can be done through the agency, the attorneys, the IVF center or a third-party provider specializing in holding information for donor cycles.