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

While egg donation is done for altruistic reasons, or for the payout, there are important legal aspects of egg donation that must be fulfilled. As well, the obligations of an egg donor do not extend into parental rights or responsibilities. Intended parents also have their responsibility to cater for the egg donor with regards to the egg donation process. In this respect, each party is tied to a set of obligations that ensure the smooth fulfillment of the egg donor service. To ensure that there are no gray areas or uncertainties, legal agreements are drawn up, outlining in detail, the expectations from each party.  Let us see what this looks like.

Contracts & Legal Agreements

Egg donor contracts are regulated by both State and Federal law. The details in a specific contract will be determined by the location of the donor. They cover the time, date and location of egg retrieval; parental rights over the child born; how egg donation costs will be covered; medical insurance; egg donor compensation and when it will be paid. 

The egg donor agency is required to explain the process, side-effects, and risks of egg donation and carry out the procedures using best industry practices. The intended parents are required to pay for the egg donation service, egg donor medical expenses, insurance and compensation. Egg donors are required to submit to the medical procedures, and mind their health and safety until retrieval.

These terms are laid out beforehand and fertility clinics tend to have standard agreements. An egg donor will benefit from having their own legal, so that they are clear on the terms and raise any concerns before signing. 

Parental Rights & Anonymity

The contact between egg donor and recipient clearly outlines who has parental rights of the child who is born. As well, the intended parents are the ones who determine if they desire anonymity or contact with the egg donor, and to what degree. In this regard, the anonymity clause could be open, semi-anonymous or completely anonymous.  An egg donor will be informed of the degree of anonymity the recipients prefer. 

Open donation allows egg donors and their recipients to be in contact. Semi-anonymous allows for the child or family to contact the donor at a future time, such as when the child is 18 years old. Anonymous donation means that the egg donor and recipients will never be in contact, nor will they know who the other is. In such a case, medical records are kept with no identifying information of either party; codes or numbers are used. 

What Happens in Case of Future Medical Issues?

It is always hoped that children would grow up in good health. However, sometimes people develop medical issues in the course of their life. At this point, depending on the complexity of  medical issues, a biological parent may be required to facilitate treatments. Think of blood plasma transfusions or bone marrow transplants which can be very sensitive to genetics. In some countries, this has been accounted for by allowing only the medical staff on the case to have identifying details for medical purposes. However, it is still possible to maintain anonymity between donor and recipients even in such cases. 

Conclusion

Egg donation is a successful form of family building because of the legal framework that supports the process. Each party must ensure that they understand the legal agreement fully before signing any documents. As well, clauses on dispute resolution are written in these agreements, to facilitate peaceful resolution. The Dallas Fertility Center has a team of experts ready to walk you through the details of egg donation. Contact us today if you would like to donate your eggs to a family.

FAQ

Is egg donation anonymous?

Sometimes it is, sometimes it is not. It depends on the wishes of the intended parents. 

Can I donate my eggs for free?

Yes, while it is possible to donate your eggs for free, it is advisable to seek legal counsel before you say, ‘no’ to the egg donor compensation package.