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What are the legal rights of egg donors and recipients?

by Fertility & Surrogacy Legal Group, APC | Mar 4, 2022 | Egg & Sperm Donation

People have the right to donate their eggs to California couples who have fertility issues. This is a rewarding experience all around. It’s important to know the right of both donors and recipients.

Why do people use donor eggs?

Many women find out that they have fertility issues and cannot use their own eggs to become pregnant. Women over 40 may want to consider this route to start a family as their fertility sharply declines as they age. Those who have had numerous failures with in vitro fertilization or IVF may want to consider using a donor egg to conceive.

Using donor eggs has grown in popularity over the past few years. More and more women and couples are waiting to start families for various reasons. A donor egg is often a safer option for sustaining a healthy pregnancy and delivering a healthy child.

How does a woman become an egg donor?

A woman needs to pass a rigorous medical evaluation before being approved as an egg donor. Donors are typically 21 to 35 years old, in good physical and mental health and are thoroughly screened with extensive questions beforehand.

Because the process of becoming an egg donor is so strict, if a woman falls under any of the following, she should not be a donor:

  • Has high stress
  • Has been physically or sexually abused and hasn’t had treatment
  • Is actively taking psychoactive medications
  • Has a severe psychological disorder
  • Has a mental impairment and cannot understand the donor process
  • Abuses drugs or alcohol and has a family history of addiction
  • Is in an unstable marriage or unmarried relationship

What are the legal rights of egg donors and recipients?

Egg donation requires a contract between the donor and the recipient that states that the donor is not the legal parent of the child that is eventually born from the donated egg. This is necessary as there might be many legal issues that come up after a couple decides to use a donor egg to conceive. The recipients of the donated egg are considered the child’s legal parents while the donor waives her rights to the child.

Egg donation is often rewarding for both donors and recipients. It could be the best option for couples struggling with fertility.