Understanding Egg Donation Contracts

An Egg Donor Contract is a written agreement between the intended parents and the egg donor. These agreements will outline the legal rights and obligations of all parties, including the donor’s travel expenses, timelines for retrieval, anonymity preferences, privacy considerations, and a number of other provisions based on the unique case. Oftentimes, a well drafted Egg Donor Contract will include language that is specific to future contact between the intended parents, the donor and any resulting children.

Prior to an egg retrieval procedure, it is important to have a fully executed contract in place that is compliant with local laws and that protects the rights of all parties. Choosing a seasoned fertility lawyer like our legal team at Klein Fertility Law is an important part of this process, as we have the knowledge necessary to draft legally compliant contracts. Our team is dedicated to ensuring a smooth and positive experience as you maneuver through this process.

What should be included in the egg donation contract?

An Egg Donor Contract should include the following key elements:

1. Establishment of the intent, rights, and obligations of both the intended parents and the egg donor
2. Establishment of a trust or escrow account for the egg donor’s fees, payments and any of her reimbursable expenses
3. Establishment of the intended parents’ legal rights to any donated eggs, embryos created from the donated eggs, and any children resulting from the donation
4. Case-specific terms such as timelines for medical procedures, travel expenses, complications insurance, cancelled cycles, future contact, etc.
5. Dispute resolution language in the event of a disagreement

It is in your best interest to consult with an experienced fertility law firm like Klein Fertility Law when pursuing an egg donation arrangement. Fertility law is a unique field that requires a breadth of knowledge and deep understanding that can only be gained through experience and relationship building. It is critical to work with an attorney that specializes in fertility law to properly draft your egg donation agreement. Klein Fertility Law’s 35+ years of experience in creating, updating, and refining egg donor contracts ensures that your agreement fully protects the rights of your family.

What is the difference between “open” and “closed” egg donation?

The term “open”, “semi-open” and “closed” egg donation have different meanings to different agencies, fertility clinics and attorneys. Generally speaking, an open arrangement is one where the parties know each other’s full identity and anticipate some form of future contact with one another. A closed arrangement is one where the parties expect total anonymity and no future contact. A Semi-open refers to a situation somewhere in the middle, usually where the parties have limited information about the other, and they may be open to future communication with the help of a third party - such as their agency or fertility clinic.

It is important to consult with one of our expert fertility attorneys at Klein Fertility Law so that you fully understand the different options, and to make sure your egg donation contract is clearly written to establish clear guidelines for all parties.

Can I copy a sample egg donor contract or template?

Using a sample egg donor contract is not recommended and may jeopardize your ability to secure your parental rights, may expose you to unwanted liability, and may leave you subject to unexpected risks. Sample contracts posted online could be used for reference only.

Egg Donor Contract FAQs

 What is the purpose of an egg donor contract?

An egg donor contract clearly outlines the rights and responsibilities of the egg donor and intended parent(s). It clarifies that the donor voluntarily relinquishes any rights to the donated eggs, resulting embryos or any children born as a result of the donated eggs.

 How does an egg donor contract protect the rights of the intended parents?

The egg donor agreement ensures the intended parents have legal rights over all donated eggs, any resulting embryos, and any children resulting from the donation. Therefore, they may have authority to decide how and when to use the eggs, including options such as having children through IVF, donating them to another individual, or donating them for medical research.

 Can an egg donor contract address future contact between the donor and child?

The egg donor contract typically outlines the terms regarding future contact among the intended parents, the egg donor, and any future children. This contact often depends on whether the donation is open, semi-open, or closed. In some cases, the intended parents agree to inform the egg donor about any pregnancies or live births that result from the donation.

 How do legal requirements for egg donor contracts vary by state?

Some states do not have explicit laws regarding egg donation, whereas many states, like Texas and California, are considered very egg-donor friendly, having favorable laws surrounding egg donation and surrogacy. It is imperative to work with an attorney that specializes in fertility law to help guide you through the intricacies of your particular egg donation arrangement.

 Why is it important to work with a fertility lawyer for egg donation?

Fertility lawyers work to protect intended parents and egg donors through expert legal guidance and draft an egg donor agreement that ensures that all parties are aligned.

Learn More About Egg Donor Contracts

Consulting with a trained fertility attorney is important because each egg donation arrangement is unique. With Klein Fertility Law, you can be sure that we will draft a legal contract that caters to your specific circumstances, helps minimize potential conflicts, and protects all parties through the donation process and beyond. Contact us today for more information or to schedule a free consultation.