What's the Legal Process Like When Using an Egg Donor?

Every cycle with an egg donor includes a legal agreement, but how much do you really know about the process? There are many items covered in the egg donor agreement (EDA), which is typically drafted by the intended parents’ attorney after the doctor has provided formal medical clearance for the donor to proceed. Topics covered in the document include but are not limited to future contact; final disposition of the embryos; donor blackout dates; travel policy and costs; and donor fees and timing of payment.

Here are the most important items that will be covered during the legal process when working with an egg donor:

Future Contact with Egg Donor

Future contact options include the ability of a donor-conceived child to contact the donor at age 18; future contact for medical reasons only; and an open relationship, with names and contact information exchanged. The team at Beverly Hills Egg Donation counsels intended parents to explore their feelings about future contact at the beginning of the process so we can match them with a donor who has compatible desires.

Final Disposition of Embryos 

In terms of the final disposition of the embryos, the options include using all the embryos; destroying unused embryos; donating unused embryos to science; and donating unused embryos to a third party. You and your donor must agree on which option/s are acceptable; this information is included in the egg donor agreement and should be shared with your doctor and clinic.

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Blackout Dates

The donor’s blackout dates are also listed in the egg donor agreement. Many donors will not do retrievals during their exam weeks, for example, or they may have travel planned that will preclude them from being available for appointments on particular dates.

Travel Policy

If you’ve chosen a donor who will need to travel to your clinic, the BHED travel policy will be covered in the agreement. The amount and timing of donor payments will also be outlined. BHED donors receive $750 when they start the injectable cycle medications; the balance of the donor fee is held in escrow and distributed to the donor once the egg retrieval is completed.

Once both the intended parents and donor have signed the egg donor agreement, the intended parents’ attorney provides legal clearance to the clinic. At that point, the clinic will put together the donor’s cycle calendar.

Agencies like Beverly Hills Egg Donation will not be a part of the egg donor agreement, which is strictly between the egg donor and the intended parents.

Beverly Hills Egg Donation Consultation

Posted by Robyn Perchik, Managing Partner

With more than 30 years of experience in risk management underwriting, Robyn brings her skills in strategic planning, operations, business development, human resource management, and finance to Beverly Hills Egg Donation (BHED). Robyn oversees the day-to-day management of the company, making certain intended parents and donors are kept informed and are treated in a professional yet empathetic manner — while maintaining confidentiality — throughout the process. 


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