The laws surrounding egg donation in California can be challenging to navigate. Here’s everything you need to know about egg donation laws in California.
The first thing any parent wishing to gain eggs or any donor should do is understand their rights. From there, each party should take steps to protect their interests. It is always best for there to be a written agreement between parties. Finally, donors should know the requirements that the FDA and most other fertility clinics will want of them before they can donate.
Understanding Your Rights
California is considered an assisted reproduction-friendly state. This means that there are laws to protect parents having a child through assisted reproduction whether or not they are married or both parents are biologically related to the child. However, it is still highly recommended that couples who want to conceive through egg donation discuss their options with an attorney experienced in California fertility law.
Related: Assisted Reproduction Laws in California
Protecting Your Interests
One major mistake that parents often run into is relying on the consent forms that are provided at the IVF clinic. Every set of parents is different, and in most cases, the forms will not fully cover every aspect of one’s distinct situation. However, there are still many ways that parents can protect themselves and their future family.
The first step that any potential parent using assisted reproduction should follow is finding and hiring legal counsel to ensure that the donation agreement is unique to the situation and covers everything the parents want it to. This donation agreement is one of the most important parts of protecting the family in the future, so parents will want to make sure that the agreement is exactly how they want it. This document will outline and define all obligations of all parties involved.
This written agreement should be as comprehensive as possible and created with the future in mind. One thing that should be considered is agreed-upon measures for the disposition of frozen embryos. Some options are keeping extra embryos for future pregnancies or donating them to research or to another patient. Having everything recorded in writing protects both the donor and the patients in any future legal issues.
One very important step that parents should take is to establish the kind of relationship the egg donor will have with the parents and the child. This could include visitation or contact with the donor. This is a crucial step, and the parents should make sure that all decisions are put in writing so that there’s no confusion in the future.
Related: How to Make a Child Visitation Schedule in California
Known Donor Agreements
Couples who choose to have a known donor have some special considerations. While using a known donor has its benefits, it can often complicate donation agreements. Some parents will choose to not make a written agreement because they feel as though they can trust their donor, however, this is highly advised against. One never knows what the future will hold, and it is best to put all agreements down in writing so that neither party can go back on their agreement. Setting these boundaries can protect the parents’ relationship with the donor and remove stress further down the line.
Egg Donor Requirements
Both the Food and Drug Administration (FDA) and most fertility clinics have very specific requirements for who can donate eggs. The list below details rules for donation that are both required by the FDA and that are common amongst fertility clinics and egg donation centers.
To qualify as an egg donor candidate, one must:
- Be between the ages of 21 and 29 years old,
- Be in good health, both physically and emotionally,
- Have a BMI between 19 and 25,
- Have not smoked cigarettes in the previous 12 months,
- Have regular monthly period cycles,
- Not currently be on any form of hormonal IUD,
- Have not traveled to a country affected by the Zika virus in the previous 6 months,
- Be willing to undergo a physical and mental examination,
- Be willing to take injectable medication,
- Be free from sexually transmitted diseases in the previous 1 year,
- Have no history of drug use, AND
- Refrain from getting any tattoos or piercings in the six months prior to initiating an egg donation and while undergoing an egg donation cycle
FAQs About Egg Donation Laws in California
Do egg donors have parental rights?
In the eyes of the law, the intended parents are the only legal parents of the child born from an egg donation. As long as the donation was done through a licensed physician or clinic, the egg donor will not have any parental rights to the child.
How many times can you donate your eggs?
Because taking eggs does not harm the ovaries, an individual can donate their eggs more than once. The maximum number of times that someone may donate their eggs is six times.
Contact Us
If you or a loved one have any more questions about egg donation laws in California, contact us. Get your free consultation with one of our experienced Family Law Attorneys today!