Negotiating & signing the contract
The legal contract is an important piece of the egg donation process as it covers you legally from having to pay for certain expenses or from having to assume any rights for children conceived from your donated eggs. Be sure to read your contract carefully and ask questions if any arise. If you are uncomfortable with any of the language in the contract, it is ok to ask for changes or to hire an attorney to represent your interests in the agreement.
Questions to ask:
What does this legal contract mean and state?
The Egg Donation Contract addresses legal considerations and responsibilities for both you and the intended parent(s). It details mutual responsibilities, financial arrangements, and states that you will give all rights to the eggs and embryos produced to the intended parent(s).
Depending on the program, you may be asked to sign this contract once you are placed in a donor listing or once you are matched with an intended recipient.
Can I still decide not to donate if I change my mind after signing the contract?
Yes. You can withdraw at any time prior to the retrieval. However, donors should note any mention of withdrawal in any of the legal documents as some contracts include language outlining how compensation is dealt with and sometimes even requiring donors who withdraw to repay any medical or travel expenses incurred up to the date of withdrawal. Donors should negotiate to have any provision restricting their right to withdraw from an egg donation, for any reason, removed.
Who has access to all of my information?
It is standard for the agency to have access to all of your information and for the clinic doctor to have access to all of your medical information. Many agencies protect their donors’ anonymity by assigning numbers to files and documents, so that your name is never revealed to personnel outside of the agency. However, confidentiality procedures differ from agency to agency, so it is important to ask how your information is used and protected when first contacting an agency.
How does this contract protect me?
The contract can protect you in a number of ways. The contract should stipulate that you have no rights or responsibilities to any children conceived from your eggs. The contract should also cover you in the event that any medical complications arise so that the medical expenses will be covered. The contract should also cover matters such as the amount of your compensation, when your compensation will be delivered, what travel costs (if any) are covered and how these will be compensated, how your eggs will be used, etc. If you have any questions or concerns about the contents of your contract, it is best to consult with an attorney.