The Legal Process of Egg Donation
An important part of the egg donation process is getting the legal affairs in order. After gaining medical clearance, the intended parents and the donor will negotiate legal terms for the donation and sign the Direct Agreement to obtain legal clearance. Here is what you need to know about the legal process:
For more information on the full egg donation, see our blog post on the egg donation timeline.
The Legal Team
The intended parents will have their own lawyers and we provide an attorney referral for the egg donor. The lawyers we work with have been doing this process for a long time and are able to walk the donor through the entire process, explaining everything they need to know in order to proceed.
The Direct Agreement
We provide a draft of the Direct Agreement that both parties will sign after reviewing it with their lawyers and making edits as needed. Most of the content of the DA is non-negotiable for both sides, including donor compensation.
There are extra things that can be negotiated, but they must be negotiated in the DA as they will change the base cost for the intended parents. Examples of negotiable items extending the time your support person travels with you, rental cars for donors over 25, and Uber/Lyft transportation.
Communication is the biggest piece of negotiation in the contract. Both parties agree upon either an anonymous, semi-anonymous, or open donation. Click here for more information on the different types of contact between donors and intended parents.
Intended parents may also think ahead and ask if the donor is willing to donate a second time if results aren’t great. The established language in the DA waives the donor of all parental rights of the eggs/embryos created, releasing those to the intended parents to fertilize as they see fit. In this situation, intended parents also have the right to decide what to do with any unused eggs/embryos.
If donors feel strongly about what they want to happen to those unused eggs/embryos (e.g. they don’t want the eggs destroyed or given to other families, or they want them donated to science), the donor needs to put that in the DA.
Once both parties finish negotiating, they will each sign the DA and the donor can then move on to taking medication. While it may sound a bit complicated, the lawyers are very knowledgeable and will ensure that both parties understand the DA before signing!