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

The egg donation proccess is a legal service that assists many people to build their families. This is an assisted reproductive therapy option that a female who cannot use her own eggs to become pregnant can use, to build her family with. Eggs donated in this way can be frozen, fertilized and implanted in the uterus of the potential parent, or implanted in a surrogate. 

Since the purpose of using egg donor services is to build other people’s families, the egg donor is not considered a parent of the child conceived. In order to ensure that both the egg donor and the potential parents are clear on the roles and responsibilities they have before, during and after the egg donation process, they must enter into legal agreements. This is what we shall be discussing in this article.

Contracts & Legal Agreements

Egg donor contracts are a necessity if the process of egg donation is to go smoothly. The terms are not only determined by what the parties agree to, but they are also regulated by both State and Federal law. As a result, some terms will vary depending on where the donor is located. 

The agreements are between egg donor and egg donor agency covering the health and medical aspects of egg donation including risks and aftercare; the egg donor agency and potential parents covering the service that the agency will be giving to the parents; as well as one between the egg donor and potential parents covering matters of parental responsibilities and compensation. 

Together these contracts ensure that all parties involved are clear about their role in the medical processes; the location, date and time when egg retrieval is expected to occur; who will be the legal custodian of the child born; present andd future contact or anonymity between egg donor and potential parents; how the costs related to egg donation will be covered including medical insurance; as well, how much the egg donor will be compensated and when they can expect to receive this.

These terms of engagement must be in place prior to any of the processes toward egg donation begin. While most fertility clinics do have standard agreements, it may be of value for an egg donor to consult with their own legal counsel before signing any document. Due to the many details that must be considered in the egg donation process, one cannot simply use a template from a previous egg donor contract. 

Parental Rights & Anonymity

The egg donors do not have any parental rights toward the child that is born from their eggs, even if the child and donor are related biologically. This means that the terms governing contact with the donor and the family to whom their eggs were donated could get dicey if there is no agreement in place. 

Usually, the potential parents determine the degree of contact or anonymity they would want to maintain with their egg donor. As well, the duration of contact and any future interactions between themselves and the egg donor. It could be open, semi-anonymous, or completely anonymous. 

Open donation is where the potential parents know the donor, and the donor is made aware of the potential parents they will be donating their eggs to. A semi-anonymous donor is one who may initially be unknown by the potential parents, but during the course of treatments, the potential parents desire to know who their donor is. When potential parents want complete anonymity, even the medical records are identified using an assigned code or number.

The terms that particularly govern anonymity are laid down in consideration of what the potential parents desire. Usually, egg donors will be informed of the degree of anonymity their matched couple desires. As well, this information will be included in the egg donor contract.

What Happens in Case of Future Medical Issues?

Future medical issues are a genuine concern for egg donors. The practice is to have the potential parents obtain insurance that covers the egg donor in the event of medical issues. As well, the egg donor contract also includes clauses that cover how to go about resolving any future dispute related to the process of egg donation. 

Typically, an egg donor will be given the breakdown of what egg donation entails, what they need to do to prepare for egg donation, as well as what the risks involved are. This will help them get into the egg donation process having been properly informed. As well, egg donation is a smooth process that does not typically come with the risk of future infertility or infections. 

It is recommended that egg donors understand the process, the risks, their role and responsibilities to the process, the financial package and how it is disbursed, as well as any other aspect related to their participation in egg donation. This means that questions must be asked and legal counsel sought beforehand.

Conclusion

Egg donation is a medical process that requires legal support. Legal contracts and agreements ensure that all the parties involved in the process are clear on the extent of their participation. The legal process of egg donation also ensures clarity on the expectations of each party involved. As well, should any disputes arise, the steps to take toward resolution are clear. For further guidance on the legalities of egg donation, speak to our team at San Diego Fertility. 

FAQ

Do egg donors have parental rights?

No, the legal agreements that donors sign for their services ensure that they as donors do not have rights or responsibilities toward the children conceived using their eggs.

Is egg donation anonymous?

While in many cases, egg donation can be anonymous, some programs also offer semi-anonymous and open donation options. 

Can I donate my eggs for free?

Yes. Donors are compensated for their time, sacrifice, costs incurred and any potential income lost during the egg donation process. It is recommended that one get some legal advise before declining the compensation package offered.