Egg Donation Law

Egg Donation Law

Peace of mind for parents entering an egg donation agreement

The decision to create a family via egg donation is an immensely personal and emotional one for most intended parents. That’s why it is so important that you and your family are protected with qualified, experienced legal counsel, every step of the way.

International Fertility Law Group is uniquely qualified to support you. Not only has IFLG helped hundreds of intended parents like you, its founding partners, Will Halm and Rich Vaughn, are themselves parents via egg donation and surrogacy.

IFLG will guide you at each step in the process, providing you with a properly executed egg donor agreement that matches your preferences for anonymity, privacy and future contact, customized to your unique situation and compliant with the laws of your donor’s home state.

It would be our highest honor to provide you with competent, compassionate legal services as you pursue the challenging and rewarding goal of becoming a parent via assisted reproductive technology.

 

What we do

Egg Donation LawDraft or provide legal review of egg donor agreements
Egg Donation Law

Draft legal clearance letters required by physicians and agencies

Egg Donation LawManage funds for egg donor process through a client-trust account
Egg Donation LawProvide all legal services or representation necessary to protect your rights

 Egg Donation FAQs

What is the purpose of an egg donation agreement?

An egg donation agreement exists so that each party can state their intentions and acknowledge their legal responsibilities to one another. The agreement will also clearly state that the donor does not intend to parent any resulting child(ren) and does not wish to have physical or legal custody of any resulting child(ren).

Do all states have similar laws on egg donation?

Each state has different laws on egg donation. It is important for you to know not only the laws regarding egg donation, but also the laws on the steps you will need to take to establish yourselves as parents within that state. International Fertility Law Group has experienced attorneys throughout the United States.

I do not live in the Los Angeles area. Will I need to travel to your office?

Because all of our work is completed via email, fax, phone and U.S. mail, you never need to come to our office, although of course you are very welcome to visit us any time.

Explain how an egg donation agreement is prepared.

Preparing and finalizing your egg donation agreement has various steps. The following briefly describes the process from start to finish:

  • We’ll first send you a written attorney services agreement to review. It will explain the services we will provide and the cost. Sign and date it, and mail it back to our office with your payment. We recommend that you also fax a copy of the signed agreement to us to speed the process along.
  • Once we have your signed attorney services agreement, we’ll start work.
  • We’ll prepare the first draft of your egg donation agreement and send you a copy for your review. Read it carefully and call or email us with your questions, comments or suggested revisions. You should plan to review the agreement and contact us within two days after you receive it, to keep the process moving forward without delays.
  • We’ll then forward our final draft of the egg donation agreement to the egg donor and/or her attorney. If the egg donor requests any changes, we’ll review them and send you a redlined version, showing the requested changes. We will advise you accordingly and will then proceed towards finalizing the egg donation contract.
  • Once the egg donation contract is finalized, print out and sign the signature page, and fax it to our office. The egg donor will do the same.
  • Once we receive both faxed signature pages, we will issue a letter to your IVF Physician stating that contracts have been executed and that you (or the surrogate, if you are using one) are legally cleared to proceed with your cycle.
  • You’ll receive two originals from our office containing your egg donor’s initials and signatures. You will need to also initial the bottom of each page of both agreements, and sign both agreements, keeping one copy for yourself and mailing the other back to us in the envelope that we’ll enclose. We’ll send that original copy to your egg donor for her records. Our office will keep a copy of the signed original agreement in your legal file.

If you will be using a surrogate as well as an egg donor, please see our Surrogacy Agreement FAQ’S page for a step-by-step explanation of how surrogacy agreements are prepared.

Approximately how long will it take to finalize the agreement(s)?

The finalization and execution of your egg donation agreement can take anywhere from 1 week to 1 month, depending on how quickly the drafts of the agreement are reviewed and approved. Generally, we can produce a draft of your egg donation agreement within 48 hours of receiving the signed attorney services contract and the necessary information regarding your match with your egg donor. We must then account for the time needed for you to review the agreement, as well as the time needed for the egg donor to review the agreement with her attorney. On average, agreements are generally signed within two weeks. The same is true for the surrogacy agreement.

Must our Egg Donation Agreement be signed before our egg donor undergoes medical screening?

Most IVF Physician’s offices require an egg donation agreement to be signed before your egg donor begins injectable medications. It is always best to have an egg donation agreement prepared and signed as soon as possible.

Approximately how much will the drafting of the agreement(s) cost?

We offer single-price, all inclusive service packages, as well as reasonable hourly rates. Please call our office for further pricing information.

Must an attorney represent our egg donor?

Although it is not required that your egg donor be represented by an attorney, it is in both your and your egg donor’s best interest to have an attorney who is knowledgeable about egg donation law explain the contract to your egg donor. It reduces the possibility that the egg donor will try to assert parental rights later.

Can the egg donor assert her parental rights at some point in the future?

Because most egg donation arrangements are anonymous, it is rare that an egg donor will try to assert any parental rights.

Is it possible for either us or our child to meet the egg donor at some point in the future?

Because egg donation is generally an anonymous process, you will need to notify the egg donation agency during the time you are selecting an egg donor that you would like the option to meet the egg donor in the future. If the donor agrees to your request, your attorneys will then write the necessary language into the egg donation agreement before it is signed.

How do you sign an egg donation agreement when the arrangement is anonymous?

Most egg donation agreements refer to the parties by either the first names in combination with the first initial of their last names, or by their first names in combination with an identification number. As such, you would sign the contract with only your first name and first initial of your last name, or with your first name and identification number.

 

Click HERE for Egg Donation Resources