The legal contract is one of the most critical parts of egg donation. Whether you’re the donor or the intended parent, a properly drafted contract protects rights, clarifies expectations, and is typically required before any medications start. This guide explains what’s normally included, why independent legal counsel matters, and common negotiation points.
Why an egg donation contract matters
An egg donation contract documents the intent and legal relationship: that the donor voluntarily relinquishes parental and property rights to the eggs/embryos and that intended parents will have legal control over any embryos or resulting children. Clinics will usually require legal clearance before starting stimulation meds.
Key contract elements (typical)
- Intent & parental rights: Clear statement that intended parents will be the legal parents.
- Compensation & escrow: Details of donor pay schedule, reimbursements, and escrow/trust arrangements.
- Medical & procedural terms: How many cycles, cancellations, complication insurance, and who pays.
- Future contact / identity disclosure: Whether the donation is anonymous, open, or semi-open; policies about contact with any resulting child.
- Parentage & jurisdiction: Which state law governs and how parentage will be established (pre- or post-birth parentage orders).
- Warranties & indemnities: Health warranties and how disputes are resolved.
Who should have an attorney?
Both donors and intended parents are strongly advised to retain independent attorneys who specialize in fertility law. This ensures the contract respects state parentage statutes and that each party understands legal consequences. Many clinics require independent counsel before legal clearance is issued.
Common donor questions answered
Can I negotiate my contract?
Yes — donors often negotiate compensation, future contact provisions, and number of cycles.
Will I know if a child is born?
That depends on the contact clause (open vs anonymous); negotiate this explicitly.
What about complications?
Contracts usually outline complication insurance and reimbursement for medical care related to donation.
Tips for clear contracts
- Use fertility-law counsel on both sides.
- Spell out timelines, compensation milestones, and cancellation terms.
- Include jurisdiction/choice-of-law language that fits parties’ residence and clinic location.
Conclusion
An egg donation contract is more than a formality — it’s the legal backbone of the donation. Before signing, get independent legal advice, confirm the clinic requires legal clearance, and make sure the contract contains clear language about parental rights, compensation, medical responsibilities and future contact.