What Are the Legal Implications of Using Donated Eggs?

Egg donation makes building a family possible for millions of couples and individuals around the world.

Many intended parents are part of the LGBTQ+ community and have potentially known for some time that they will utilize the help of an egg donor. In other cases, egg donation has helped those struggling with fertility and health concerns such as low ovarian reserve or known genetic diseases.

Legal Considerations of Using Donated Eggs

In our modern world, families are built in all kinds of ways.

Whatever the reason for choosing third party reproduction, it is imperative that intended parents consider the legal implications of using donated eggs. In egg donation, contracts are utilized to draw clear terms of expectation and to protect both the intended family and egg donor.

Before moving forward with your agency and fertility clinic, here are a few things to consider:

#1. Understand the differences between a known or anonymous donation

While many donors may prefer to remain anonymous, some are also willing to do a “known” donation. In a known donation, parents will have identifying information on their egg donor. They might even work together with the donor to create a plan for future contact.

Known donations can be extremely beneficial for intended parents who want to have a more complete understanding of a donors’ genetic history or personality. But it is important to have a clear understanding of how a known donation can differ legally.

#2. Get to know your state’s laws

While egg donation is legal across the US, each state has its own varied laws and requirements for both egg donors and parents. It is important to be familiar with the laws applicable to you to protect your future family. When in doubt, your reproductive attorney can help.

#3. Retain experienced counsel

Intended parents utilizing egg donors or surrogates should always seek legal counsel with specific expertise in reproductive law. Your fertility attorney will help draft a contract that establishes parenthood, draws clear expectations with the egg donor, and outlines a plan for all unused embryos, amongst many other things. Your agency is an excellent place to turn to if you need recommendations on an experienced attorney to hire.

Learn More About Egg Donation with Elevate

While the legal aspects of egg donation can be intimidating, at Elevate we’re here to help you every step of the way. If you think utilizing one of our beautiful and generous egg donors may be right for you, reach out today.

We can’t wait to walk this journey with you.


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