Understanding Egg Donation Contracts

Egg donor contracts are legal, written agreements between the intended parents and the egg donor that state the rights and obligations of both parties throughout the arrangement. These contracts are separate from egg donor agency contracts and are customized to the preferences of both parties. They might include such specifications as future contact, travel expenses, timelines for retrieval, anonymity preferences, privacy considerations, or any number of other provisions based on the unique case.

It is critical to have a contract in place that is compliant with local laws and that protects the rights of all parties. Choosing a seasoned fertility lawyer like the ones at Falletta & Klein is an important part of this process, as we have the knowledge necessary to create effective contracts and a positive experience for our clients. We also believe that everyone deserves a family, so we will advocate for your rights in accordance with your state’s specific laws.

What should be included in the egg donation contract?

Egg donor contracts should include the following key elements:

  1. Establishment of the intent, rights, and obligations of both the intended parents and the egg donor
  2. Creation of a trust or escrow account for eligible compensation and/or reimbursements for the donor
  3. Specification of the intended parents’ legal control over retrieved eggs and embryos
  4. Agreement on case-specific terms such as timelines for medical procedures, travel expenses, donor reimbursements, complications insurance, cancelled cycles, future contact, etc.
  5. Written resolutions for potential risks, liabilities, and conflicts

It is in your best interest to consult with an experienced fertility law firm like Falletta & Klein when you are looking for an egg donation contract. 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 that your attorney knows how to properly draft this specific type of fertility contract.

Firms that are less familiar with egg donation will rely on general, templated language that can cause vagueness and lead to issues later on in the process. Falletta & Klein’s 30+ years of experience in building, 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.

An experienced fertility attorney like Falletta & Klein is important to help you understand the different options, and to make sure your egg donation contract is clearly written to establish clear guidelines for these arrangements.

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 wanted liability, and may leave you subject to unexpected risks. Sample contracts posted online should be used for reference only.

Consulting with a trained fertility attorney is important because each egg donor situation is different. With Falletta & Klein, you can be sure that we will draft a binding contract that caters to your unique circumstances, anticipates conflicts, provides clear resolutions, and protects you from unexpected legal problems after your baby is born.