For Egg Donors

Egg donors are motivated by their compassion and desire to help others create their family, but still need the legal protections necessary to make sure they experience the journey they desire. Intended parents using egg donors want to ensure they have physical and legal custody of their children and want to regulate, if any, future contact with or by the egg donor, as well as the ability to access updated personal medical information. Disposition of any unused frozen embryos is another important issue that should be discussed in the legal contracts.

Florida law supports donations by providing that so long as the donation is evidenced by a contract, the donation is absolute and neither the intended parent or the donor should worry about the future of their privacy, the newborn or any remaining frozen eggs or embryos.

Open VS Anonymous Donation

There are some variations in the egg donor process. With an open donation, the intended parents will know the donor and she will know who they are. This type of donation is popular in Europe. The asset for this model is an ability for the resulting child to meet the donor when she or he reaches the age of majority. The deficit for this model includes parents who desire to remain anonymous between themselves and to the public. That a parent is infertile can be seen in certain cultures as a failing.

The other model for obtaining an egg donor is through a closed donation via an agency or an IVF clinic. This model is most popular in the U.S. and provides distance between the Parents and child on one hand, and the Donor on the other.

We recommend that all egg donations be anonymous. We provide a multi-step process to insure that donor and intended parent do not share their personally identifying information. At the same time, we recommend the parties permit limited contact, through a third party, to transmit medical information should the donor or child be diagnosed with a serious disease process having a genetic link to the other.

Everything which may or have to occur must be contained in the four corners of the document. In particular, the parents who want to protect their child, there must be a door. Protect the anonymity of the parties, but a back door to allow the doctors to talk to each other if there is a disease process that can be linked back to the donor. Their child’s doctor can talk to the donor’s doctor.

The second thing we see is that some parents want to give child access to the donor after the age of 18. It must be put in the contract today. I see it in 2-3% of the matches we do. The reality is that the donor might be feel differently in 18 years. We permit the donor to make the final decision at that time to provide any contact at that time. We have to give her the autonomy to say no. Now the donor has children and her husband, so we have to give her ability to say yes or no.

Disposition of Remaining Frozen Embryos from Egg Donation
Whether the donation is open or closed, the IPs have the right to do what they wish with the embryos. Notwithstanding such a right, the Parties need to have a candid conversation about a secondary donation. A secondary donation would increase the potential number of genetically related siblings into the world. Generally, we like to restrict the number of siblings so as to not worry about chance meetings and also provide the Child some security about the members of her/his family.

If you would like to be a Donor, please contact us. We can direct you to a number of high quality programs where your gift will be appreciated and cherished.