The Legal Process of Egg Donation: What Donors Need to Know

Key Takeaways

• Legal contracts protect both donors and intended parents by clearly outlining roles and responsibilities.
• Contracts cover compensation, medical care, confidentiality, and parental rights.
• Donors have no legal or parental rights to children conceived through egg donation.
• Every donor should review agreements carefully and consider independent legal advice.

Why Legal Agreements Matter

Egg donation helps many people build families, including those who can’t use their own eggs and same-sex male couples who work with surrogates. Because this process involves multiple parties and important personal, medical, and financial considerations, it can be supported by clear legal agreements.

These agreements ensure that everyone, including the donor, the intended parents, and any participating agency or clinic, understands their responsibilities before, during, and after donation. They also protect donors by defining the limits of their involvement and clarifying what happens in the event of a dispute or medical concern.

Contracts and Key Legal Documents

Egg donation involves several separate agreements, each serving a specific purpose.

• Donor and Clinic Agreement: Outlines the medical process, potential risks, aftercare, and how expenses are handled.
• Clinic and Intended Parents Agreement: Covers the agency’s role, services provided, and financial arrangements with the intended parents.
• Donor and Intended Parents Agreement: Addresses issues such as compensation, parental rights, future contact, and confidentiality.

These agreements are signed before any medical procedures begin. Each arrangement is unique, and details should always reflect the donor’s specific circumstances.

Parental Rights and Anonymity

Egg donors do not have parental rights to any children conceived from their donated eggs, even though they share biological DNA. The intended parents are recognized as the child’s legal parents.

Agreements also establish how much information is shared between donors and intended parents. There are three main options:

• Open donation: Both parties know each other’s identities and may stay in contact.
• Semi-open donation: Identities may be shared later if both sides agree.
• Non-Directed donation: Neither party knows the other’s identity, and all records use assigned codes.

Handling Future Medical or Legal Issues

Legal agreements also cover what happens if a medical issue or dispute arises after donation. Most intended parents are required to provide insurance that covers the donor for medical complications related to the procedure.

Contracts may include clauses that specify how disputes will be handled, ensuring that all parties have clear expectations from the beginning. Donors should understand what protections are in place, what insurance covers, and how any future claims would be addressed.

What Donors Should Do Before Signing

Before entering into any agreement, donors should:

• Read every document carefully.
• Ask questions about compensation, medical coverage, and privacy.
• Seek independent legal advice if anything is unclear.
• Confirm how and when payment will be issued.

Understanding the legal aspects of egg donation helps ensure the process is smooth, transparent, and positive for everyone.

Learn More

If you’re considering becoming an egg donor and want to better understand the legal process, San Diego Fertility Center can guide you through every step. Our team works with trusted legal professionals to ensure that you feel informed, protected, and confident before moving forward.

FAQs

Do egg donors have parental rights?

No. Legal agreements clearly state that donors have no parental rights or responsibilities toward children conceived from their eggs.

Is egg donation anonymous?

Donors and intended parents can choose between open, semi-open, or non-directed arrangements, depending on mutual comfort and program policy. Anonymous donation cannot be guaranteed due to advancements in technology and DNA ancestry testing that can connect donors and donor conceived people. 

Can I choose to donate without compensation?

While donors can waive payment, compensation typically reflects time, effort, and any costs incurred. It’s best to discuss options with your program coordinator and legal counsel before making this decision.

Clinically reviewed by Alyssa Schoenemann, RN