Egg donation process involves removal of eggs from donor. The eggs donated are used by prospective parents after a detailed screening procedure. As two parties are involved here, so this is bound legally by a contract. The legal aspect of egg donation process is very important. The contract is signed by the recipient and the donor to avoid future complications. Based on the legal contract, the donor is paid for the services. There is also a provision for compensation. Read on.
The egg donation process is a deal that requires the fulfillment of a contract and the violation of the same from any of the parties can result is punishment in the form of compensation or other measures according to the law of the land. Just as the commissioning parents select an egg donor after a lot of screening, the donor should also be aware of the different aspects of the contracts and the other associated factors.
Egg Donation Contracts
There can be more than one contract required to be signed between the recipient and donating woman or between the egg donor and the program or clinic conducting the entire process. The contract is supposed to contain an enlistment of the responsibilities on the part of both the parties. One needs to note here that contracts and consent forms are not the same. It is important to be aware of this as both the documents have serious legal connotations which can play a vital role in case of dispute or any unfortunate occurrences.
The consent process should be carefully understood and the egg donor must be made aware of all the implications, the process itself and the probable risks. Only after this, contract should be signed by her. Some programs setup a meeting of the donor and the program lawyer so that the provisions of the contract are discussed clearly. It is natural that the explanation is at the best interest of the program and the donor should have her individual consultation with another legal expert to get a clear understanding and evaluation of the contract before signing.
Confidentiality in Egg Donation Procedure
The donor is required to give a great deal of personal information during the application and screening process.
When the donor chooses to remain anonymous, there must be provisions on the part of the program so that she may be identified if required.
On the part of the donor, she must gather knowledge on how the relative information might be used.
Egg donor ought to be comfortable with the answers provided by the program or clinic.
The law requires certain information to be documented for future reference by the child who is born as a result of the pregnancy ensuing from the egg donation.
If the information about the egg donor is demanded by the child, it can be made available only after the court obtains permission from the donor.
The donor should note here that if anyone obtains confidential information through unauthorised means, the program or clinic is not responsible for the complications arising from it.
Parental Rights with Respect to Egg Donation
Following the retrieval of the eggs, the donor has no say on what happens to them. The donor is also not responsible for the outcome of the pregnancy. It should be clarified in every document signed by the donor that she will not be legally and financially responsible for the child.
Payment to the Egg Donor
The egg donor is paid for her service and not for her eggs. This is compensation and not cost.
The compensation is for her effort, time and discomfort. The payment is thus not dependent or related to the outcome of the pregnancy.
If due to any problem the cycle is discontinued or terminated before the egg retrieval takes place, the donor can be provided with partial compensation. These are aspects that should be clarified during the signing of the contract.
Similarly, once the egg retrieval process is complete, the donor is eligible to receive the full amount mentioned in the contract regardless of the number or the quality of the eggs.
Most of the programs require the donor to have her own medical insurance. However under certain cases, programs are known to accept donors without any insurance. They can arrange for short-term insurances to offer coverage to any possible medical complications.
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- The Indiaparenting Team
What is the need to sign a legal contract in case of egg donation? Will the identity of the donor kept confidential? What is to be expected in the legal contract? What will happen if the cycle is discontinued or terminated before the egg retrieval?