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What egg donors need to know about donation agreements

by Fertility & Surrogacy Legal Group, APC | Nov 16, 2022 | Egg & Sperm Donation

When you agree to become a California egg donor, you provide a path toward parenthood that might otherwise never have been possible. Before you give away your eggs, both you and the potential parents should discuss the terms of an egg donation agreement. This agreement protects both you as an egg donor and the interests of the intended parents.

Open vs. closed egg donations

One of the most important things you must establish in an egg donation agreement is whether you wish to remain anonymous. Closed egg donations provide complete anonymity and eliminate chances of future contact between you, the children and the parents. Open egg donation agreements allow all parties to know each other’s identities. Semi-open egg donation agreements allow limited content that should be discussed before you sign the contract.

Known egg donor contracts

If you already know the potential parents, deciding to donate eggs may be an intensely personal decision. However, an egg donor contract should be drawn up in these instances regardless in order to:

  • Protect against future disagreements
  • Establish boundaries
  • Make sure that everyone has the same expectations

Rights and obligations

Any contract between egg donors and potential parents should explicitly define the expected rights and responsibilities of both the parents and the egg donor. This can protect both of you from future legal action. The discussion about rights and obligations should include:

  • Possession of any unfertilized eggs
  • Financial compensation for the egg donor
  • Medical payments and insurance information for the egg donor
  • Potential liabilities and risks

Protect your future

Providing an egg donation may greatly benefit someone’s life. Making sure that you have a legally-binding egg donor contract can protect your future and help to ward away potential lawsuits so that neither you nor the parents grow to regret the donation.