Parents Through Egg Donation

What is the necessity of  legal agreement?

A legal agreement (Egg Donor Contract) drafted by an experienced family formation lawyer  will clearly outline the intent of all the parties involved including the “what ifs”.  What if the donor stops mid-way through her cycle or will she try to contact the child in the future?  A well drafted Egg Donor agreement will answer all these questions and more and be clear as to each party’s intent. The agreement should not only cover the important details of the arrangement but also establish each party’s legal rights and address their responsibilities too.

The legal agreement will define parentage and/or parental rights of the recipient parents, disposition of remaining embryos or eggs (ovum) if applicable, potential complications and address all applicable related areas in both current and past California case law.  The agreement will also address non-custodial and parental rights issues of the donor, specifically that the Donor does not desire nor intends to have any parental relationship (rights to legal and physical custody, visitation etc.) to any child conceived via her participation as an egg donor and further releases her from any financial obligations to said child(ren).

Can I use one I found on the internet or create my own?

We do not recommend this.  An Egg Donor Agreement, although seemingly simple,  should not be taken lightly.  The costs you anticipate saving by preparing the agreement yourself do not out weigh the risks or legal consequences for a poorly drafted agreement.  From our experience the agreements found on the internet are too general in nature. Not only does it lack case law as it pertains to California but most importantly it can not provide enough protection for all involved or detail the specifics of your arrangement. Many physicians may not accept your agreement and require legal clearance to be provided to them confirming everyone has been independently represented and advised of their rights and obligations.  

What if my Egg Donor is a friend or family member?

Having a friend or family member as your Egg Donor is a wonderful option however, you still should have a solid agreement in place even if there is no monetary contribution.  Aside from the huge legal issue regarding intent at the time the child is created, sometimes the lines can become blurred when their exists a family member relationship so it is important to clearly define the roles of all the individuals involved.  

How long does this process take?

Generally, Egg Donor Agreement can be prepared in a relatively short time frame however, all parties including agencies or physicians must assist in facilitating the process whether that may be supplying necessary information about the parties involved or providing an appropriate time frame to feasibly prepare and circulate the agreement to all parties.  Agreements can be prepared and completed in as little as one week but can take up to one month or more if necessary. Keep in mind your donor contract must be completed on both ends prior to your donor starting any medications.   In our experience allowing plenty of time to prepare the agreement, circulate the agreement to everyone involved and taking into consideration everyone’s schedules, will ensure the process goes smoothly and without unnecessary stress.

Prospective Parents-Seeking Egg Donors

A Center for Coastal Conceptions
Surrogacy and Egg Donor Agency
1107 West Chapman Ave., Suite A
Orange, CA 92868
Phone (714) 288-0440 (800) 310-8856
Fax (714) 288-2891 Email info@centerforcoastalconceptions.com
www.centerforcoastalconceptions.com

Helpful Links

ACAL/ACFFL
Academy of California Adoption Lawyers and Academy of California Family Formation Lawyers
www.acal.org 

ASRM
American Society for Reproductive Medicine
www.asrm.org

Surrogate Mother’s Online, LLC.
www.surromomsonline.com

TASC
The American Surrogacy Center, Inc.
www.surrogacy.com

Internet Health Resources
www.ihr.com

RESOLVE
The National Infertility Association
www.resolve.org

RESOLVE Of Greater Los Angeles
www.resolvela.org

SART
Society for Assisted Reproductive Technology
www.sart.org