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Egg Donation Agreements spell out the rights and obligations of Intended Parents and Egg Donors

When egg donation (ovum donation) is a part of your family-building process, Meryl B. Rosenberg, Esq. and her team are happy to draft, negotiate, or review the all-important Egg Donation Agreement.

Egg donors can play a key role in any journey to become a parent. Single parents, same-sex couples, or heterosexual couples alike may avail themselves of donated eggs. The important Egg Donation Contract details everyone’s rights and obligations, including expectations around payments, parental rights, future contact if any, and even preferences about the storage or disposition of unutilized eggs and resulting embryos.  

Egg Donation Contracts ensure that all parties are on the same page on critical details, including everything from a timeline for egg retrieval to vital compensation details: How and in what amount will the donor be compensated? How will expenses be covered? And are there tax considerations?

Open or nonidentified egg donation

Egg Donation Contracts also address the topic of privacy: Is the donation “open” or “nonidentified”? Eggs can be donated in what we now refer to as a “nonidentified” arrangement, in the past referred to as “anonymously.” Whereas, in an “open” donation, the donor may already know the intended parents, or is open to them knowing who she is, or having access to information about her. (Anonymity, however, cannot be guaranteed any longer with the advent of DNA testing — hence the use of the word nonidentified at this time.) The Egg Donation Contract will detail the intent of the parties around this issue.

A legal agreement is crucial

Finally and importantly: Although you may feel that the consent documents you sign with your fertility center are sufficient, keep in mind those are merely consents to treatment between you or the egg donor and the medical practice — they are not actually a legal agreement between you and the donor. Consent documents are not enough to protect your legal rights into the future. Consent documents may also not be accurate in your particular circumstance — entering into a donor contract gives you the opportunity to ensure that the details of YOUR donation are accurate, including disposition choices in all eventualities.

Advice around all of these issues and having a contract in place that makes them clear to everyone is just one more tool Meryl B. Rosenberg can offer you on what we want to be a trouble-free path to parenthood!

We are here to help ensure your parental rights are protected and your family-building process is safe and secure.