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Legal Considerations of Egg Donation 


There are many legal considerations of egg donation that should be thoroughly explored and agreed upon to protect both you and your child in the future. By understanding your rights and those of the egg donor, and establishing the appropriate boundaries, you can avoid many complications and find comfort in the peace of mind provided by proper documentation. At Los Angeles Reproductive Center, we have the tools to help you navigate the complex egg donation process. We have conveniently located offices in Encino, Bakersfield, Thousand Oaks and Los Angeles, CA, where you can consult ​Dr. Nurit Winkler and Dr. Marc Kalan regarding egg donation and IVF treatments

Medical professional and patient reviewing paperwork
A written agreement signed by both the donor and recipient is recommended to define the obligations of all parties involved. 

Understanding Your Rights

Laws involving egg donors and recipients differ from state to state. Since egg donation, or assisted reproduction, is a relatively new process, the law is continually evolving and adapting to new circumstances. This fact can make legal considerations surrounding assisted reproduction complicated. 

California is considered an assisted reproduction-friendly state. For example, in California, there are laws in place meant to protect parents having a child through assisted reproduction even if they are not married, or if one of the potential parents will not be biologically related to the child. However, it is still recommended that parents conceiving through egg donation discuss their options with a legal professional experienced in California fertility law. 

Protecting Your Interests

One potential pitfall intended parents can make is relying on the consent forms provided at the clinic performing IVF. In most cases, these forms will not fully cover your distinct situation. Every set of parents is different, and every egg donation process is different. There are many ways potential parents can protect themselves and their family in the future. 

The first step for most potential parents using assisted reproduction is hiring legal counsel to help ensure that your donation agreement is unique to your needs and situation and will fully protect you. Your legal counsel can assist you in establishing a written agreement with your egg donor to establish parental rights. This document will define the obligations of all parties involved. 

Our fertility experts are dedicated to providing all the information you need while you navigate the egg donation and IVF process.

It is important that your written agreement is as comprehensive as possible and created with a view of the future. For example, it should include agreed-upon measures for disposition of any frozen embryos. Such as keeping extra embryos for a future pregnancy, or donating them for research or to another patient. Whatever course you take, having the decision in writing protects both you and your donor from future legal issues. 

Another important step is to establish a plan for the future relationship of your egg donor with you or the child. If you want, this relationship may include visitation or contact with the donor. It is crucial you set up the boundaries of this potential contact, ensure that you and your donor agree, and have all final decisions put in writing. 

Known Donor Agreements

For couples who choose to use a known egg donor, there are some special considerations. Using a known donor has its benefits. However, it can often complicate donation agreements. Sometimes potential parents will forego crafting a written agreement because they feel they can trust their donor. While this is probably true, major changes in your life or the life of your donor could have unforeseen effects. In most cases, setting boundaries and obligations down in a legal document can protect your relationship with your known donor and remove stress further down the line. 

Start Your Journey 

For many couples struggling to conceive, assisted reproduction can unlock the door to parenthood. At Los Angeles Reproductive Center, our fertility experts are dedicated to providing all the information you need while you navigate the egg donation and IVF process. Contact our office online or call (818) 946-8051 today to schedule a consultation and discover what egg donation can do for you. 

Reach Out To Us

Drs. Nurit Winkler and Marc Kalan of Los Angeles Reproductive Center are a unique fertility clinic focused on treating patients like family and built upon the principles of communication, compassion, warmth, openness, and service that accompanies an exceptional pregnancy rate. Contact us today to schedule an appointment.

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