A Legal Roadmap for Intended Parents Interested in Egg Donation

Intended Parents considering using an Egg Donor should first consult with an experienced Third-Party Reproductive Attorney. Advice from an attorney is important for protecting the rights of the Intended Parents and their future children.

These Medical consent forms will not legally establish parental rights due to the fact that they do not meet the requirements of California law. These medical consent forms only address issues directly related to medical treatment procedures, benefits, risks and alternatives.
Whatever your intentions and expectations are with an Egg Donor, put them in writing to keep things fair for everyone involved. The best way to do this is with an Egg Donor agreement. These agreements are the cornerstone of legal protection for all parties involved in egg donation. Egg Donor agreements document each party’s intentions at the time of the donation and outline everyone’s obligations, rights and responsibilities.
Egg Donor agreements typically provide that both the recipient parents and the donor will share any hereditary medical information that they may become aware of in the future. Although sharing of information can be done anonymously, it requires the parties to keep an intermediary updated as to their contact information. Outlining a process for sharing this information will avoid communication delays if the child or the donor develops a hereditary medical condition in the years to come.
Egg Donors are not selling their eggs and Intended Parents are not purchasing these eggs. An Egg Donor is compensated for their time, inconvenience, discomfort and risk. As such, donors are compensated exactly the same amount, whether they produce 40 mature eggs or only one at retrieval.
The Egg Donor’s spouse or partner plays an important role in the Egg Donor’s compliance with the agreement. Specifically, the donor’s spouse/partner is instrumental in compliance with provisions regarding limitations on sexual activity, confidentiality and future contact.

Legal Ramifications of Different Egg Donation Options

There are many different types of Egg Donation arrangements available including known donor matches, anonymous donor arrangements (in which the clinic facilitates the match), anonymous donors matched through an independent agency, shared cycles in which one donor’s eggs are divided among several recipients, double donor cycles with resulting embryos split among several recipients, frozen egg bank arrangements, and foreign egg donation cycles, to name just a few. Different options will have different legal ramifications with regard to future confidentiality and contact, as well as the use of any remaining embryos.

Do you have questions about Egg Donation Agreements?

Masler Surrogacy Law can help.

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