We get variations on this question all the time: “My friend is donating her eggs to me so my husband and I will be able to have a child. What kind of legal agreements do we need before we proceed?”
Here are some things to keep in mind if you wish to use a Known Donor:
A Known Donor is one that the Intended Parents may find on their own without the use of an agency for locating an Egg Donor, perhaps a friend or relative.
There are pros and cons to using a Known Donor, in that with a relative or friend, you will know that particular person well enough to not speculate about certain characteristics that you wish for your child to have such as intelligence, health, looks, etc. However, in Pennsylvania, since there is minimal statutory guidance with regard to Egg Donation, it is imperative that an individual embarking on this journey is informed of the legal ramifications of using a Known Donor.
It is important that the Intended Parents and an Egg Donor proceed with a Legal Agreement if using a Partially Known or Known Donor. It is also advisable that both parties of the Agreement are represented by independent counsel so that they may be fully advised of their rights and legal ramifications to this Agreement.
This Agreement will fully address the rights of both parties. Particularly, it will make clear that a Donor voluntarily relinquishes all rights to the Eggs being donated. Further, it will also address and eliminate the right to make any future decisions as it relates to the embryos created through the IVF process and any parental rights over children born through the donation and IVF process.
The Agreement should also protect the Egg Donor and the Intended Parents by ensuring that any resulting child is the child of the Intended Parents and that no parental obligations over such child will be born by the Egg Donor.
As each situation has its own individual fact pattern, certain issues will need to be resolved such as future participation of both the Intended Parents and Donor, and future obligations of the Donor if necessary to properly established a legal relationship of the Intended Parent and child born of an Egg Donor. A Donor Agreement becomes imperative to ensure the continued cooperation of the Donor for completion of birth certificates, second-parent adoptions as relates to gay and lesbian couples after the child is born since Pennsylvania has yet to catch up to the technology in these types of cases. Such continued cooperation may be required and would protect the Intended Parents and Known Donor by a Donor Agreement.
heARTbeat is a publication of the KingSpry Adoption/ART Law Practice Group. It is meant to be informational and does not constitute legal advice.
