Everything You Need to Include in Egg Donation Contracts in California
Families may consider egg donation as a means of conception, and a vital piece of this is a contract detailing the agreement. Here’s everything you need to know about egg donation contracts in California.
Residents in California consider many pieces of an agreement, such as the provisions necessary for inclusion for each party’s understanding. Egg donation contracts in California should include logistics, reimbursement amounts, and liabilities among other considerations. Egg donation contracts ensure donations run smoothly and could help to provide ideal results for the intended parents and egg donor.
What is an Egg Donation Contract?
An egg donation contract is a written agreement between the intended parents and the egg donor, detailing all expectations to follow throughout the process. An egg donation contract may be written up in the presence of a lawyer to ensure accuracy and understanding of laws.
Related: Mistakes Couples Using an Egg Donor Should Avoid
What Needs to be Included in an Egg Donation Contract in California?
An egg donation contract can be personalized to fit specific needs of the donor and the intended parents. However, standard provisions to include in a California egg donation contract are:
- The intentions, rights, and obligations of the intended parents and donor. Include the intentions, rights, and obligations of both the intended parents and the egg donor. Although these terms may seem simple, understanding the exact rights each party is entitled to is necessary in the egg donation process. Write the intentions for use of the embryo and or egg and what each party is obligated to through the process.
- Financial proceedings such as reimbursement and complications insurance. Egg donors in California receive financial compensation for completing the egg delivery. The intended parents are responsible for this compensation, and must have it available for the donor within a period of ten business days after the delivery. The exact amount of compensation is stated in the egg donation agreement. The compensation must account for the donor’s lost wages and their time and commitment throughout the process.Intended parents are responsible for the egg donor’s travel expenses, lodging (hotel stay), and expenses that arise from medical appointments. The egg donor must to travel with a companion to ensure safety. The companion’s expenses are also the intended parents responsibility. Intended parents should purchase complications insurance. Insurance protects the egg donor if any medical issues arise in the procedures pertaining to the egg donation.
- Intended parents legal control over the embryo/egg donation. Egg donors in California do not hold any parental rights. Once the egg is retrieved, the intended parents may use the egg and/or resulting embryos for whatever they choose. This includes IVF, medical research, or donation.
- Considerations for potential liabilities. Considering potential risks is a necessary component of the egg donation contract. Common risks include side effects and health related issues. For example, some women have reported having long term health issues after egg donation, such as ovarian cysts and colon cancer. Although rare, incidents where the egg cannot be donated or successfully fertilized can occur. These potential risks need to be outlined in an egg donation contract to inform all parties of possible effects.
- Details on logistics. The egg donation process requires a well-thought timeline on how the egg will be delivered. Intended parents are responsible for planning the timeline regarding when they will receive the egg. Dates for when the egg donor and intended parents will meet for the procedure and health appointments should be chosen and written in the agreement. Dates either party is not available should also be noted in case of a schedule change. The egg donor must visit the intended parents IVF clinic twice throughout the process. The first visit will be for a medical screening, and the second for the egg retrieval. The intended parents should be present for both appointments, and this requirement should be reflected in the contract.
- Confidentiality. The section on confidentiality can be closely suited to the wishes of the intended parents and donor. Parties agree on confidentiality surrounding names and locations.
- Canceled cycle. The egg donor receives compensation for canceled cycle medication. Compensation depends on the length of time the donor has been receiving medication through injections. This medication can be stopped by intended parents or medical providers if results are not evident.
- Future contact. Discuss whether the donation will be anonymous, or if the donor will be named. Egg donors must agree to provide changes in medical history that may affect egg donation. Intended parents must notify the egg donor of any genetically linked conditions that arise in the child. Donors must keep the intended parents informed on any changes to their contact information.
- Donation results. Intended parents may choose to include the results of the donation in their egg donation contract. For example, intended parents can disclose whether they decide to use their egg for medical research.
Related: Egg Donation Laws in California: What You Need to Know
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If you or a loved one would like to learn more about egg donation contracts in California, get your free consultation with one of our family law attorneys in California today!