Why Do I Need a Contract With My Egg Donor?

Building a family through egg donation is an exciting step, but it comes with critical legal considerations. One of the most important steps in this process is having a direct legal agreement between you (the intended parent) and your egg donor.

At Gaydos Duffer, P.C., we’re often asked: “Do I really need a direct agreement if the egg donation agency already has contracts with both me and the egg donor?” The answer is an emphatic YES.

Here’s why:

Why a Direct Agreement With Your Egg Donor Is Essential

Without a direct agreement, there is no enforceable contract between you and the egg donor. The agreements you and the donor sign with the egg donation agency are strictly between each of you and the agency—not with each other.

This lack of direct contractual relationship can create serious legal challenges if issues arise. For instance:

  • Accountability: If the egg donor fails to meet her obligations, such as taking prescribed medications from the IVF physician, you have no legal recourse to address the issue. Only the agency can enforce its agreement with the donor.
  • Enforcing Parentage: A direct agreement ensures your legal parentage is clearly established and protected.
  • Seeking Damages: If the egg donor breaches any obligations, only a direct contract allows you to pursue damages.

A properly drafted egg donation agreement safeguards your rights, outlines the donor’s responsibilities, and ensures you have legal protections every step of the way.

Key Considerations for Your Egg Donation Agreement

  1. Types of Donations:
    Before drafting your agreement, consider what type of donation arrangement works best for your family.
  • Open Donation: You and the donor exchange identifying information and may maintain direct communication.
  • Semi-Open Donation: You exchange limited identifying details, such as first names, with the possibility of future communication.
  • Closed Donation: No identifying information is shared, and any future communication is managed through the agency.

It’s also worth thinking about what your child might want to know in the future. Consulting with a qualified mental health professional can help you explore the psychological benefits and challenges of each arrangement.

  1. Future Contact:
    Decide whether you want your egg donor to register with the Donor Sibling Registry, which facilitates connections between donor-conceived individuals and their biological half-siblings. If this is important to you, ensure that your agreement includes a provision requiring the donor to register. Learn more at www.donorsiblingregistry.com.

How Gaydos Duffer, P.C. Can Help

Navigating the complexities of egg donation requires experienced legal guidance. At Gaydos Duffer, P.C., we can assist with:

  1. Locating a reputable egg donation agency.
  2. Reviewing your agreement with the egg donation agency.
  3. Drafting and negotiating your egg donation agreement to protect your rights and ensure legal compliance.

Let Us Help You Build Your Family

We are here to provide the legal expertise you need to navigate your egg donation arrangement confidently. Contact us today at 682-432-1977 or visit www.dufferlaw.com to schedule a consultation.

At Gaydos Duffer, P.C., we’re honored to support families across Arlington, Texas, and beyond in creating the futures they dream of.