Egg Donor Agreements

What is egg donation?

Egg donation is a process in assisted reproductive technology (ART) where an egg donor provides their eggs (ova) to be used in fertility treatments. These donated eggs are typically used by recipients who are unable to conceive using their own eggs due to factors such as infertility, genetic disorders, or advanced maternal age.

Is egg donation legal in Canada?

Yes, egg donation is legal in Canada.

What is an egg donation agreement?

An egg donation agreement is a legal document that outlines the terms and conditions agreed upon by an egg donor and egg recipients as to eggs being donated. That said, in addition to intended parents, a fertility clinic or 3rd party intermediary might notably be involved.

Egg donation agreements are typically drafted with the assistance of legal professionals who specialize in reproductive law to ensure that the rights and interests of all parties involved are protected.

What is the purpose of an egg donation agreement?

Egg donation agreements address a number of issues, including but not limited to the following:

• Consent: All parties involved must provide informed consent to the donation process. This includes consenting to the use of the donated eggs for reproductive purposes by the recipients, as well as any potential offspring resulting from the donation;

• Legal parentage and post-birth contact: The agreements will specify the legal rights and responsibilities of the egg donors and recipients regarding the donated eggs and any resulting offspring. This can include issues related to parental rights, custody, and financial obligations. Egg donors’ post-birth contact with resulting offspring should also be addressed;

• Use of eggs: The agreements might also outline how the donated eggs will be used, including the number of eggs to be provided, any restrictions on the use of the eggs (such as prohibiting their use for research purposes), and any preferences regarding the selection of egg recipients.

Where does one find an egg donor?

Egg donors and recipients can find each other in a number of ways, including:

• Fertility clinics: Certain fertility clinics facilitate egg donation programs or can connect individuals with potential donors. Clinics may have their own pool of donated eggs or work with egg donor registries to match donors with recipients;

• Egg donor programs: Programs exist where individuals can register as egg donors or recipients. These programs facilitate matches between egg donors and recipients based on their preferences and criteria;

• Fertility support groups: Online forums, support groups, or organizations focused on infertility and assisted reproduction may provide resources and information on egg donation, as well as opportunities to connect with potential donors or recipients;

• Legal and medical professionals: Fertility lawyers, reproductive endocrinologists, and other health care professionals specializing in assisted reproduction may be able to provide guidance and referrals for finding an egg donor.

It is important for individuals considering egg donation to research and understand the legal and ethical considerations surrounding the process. Consulting with a reproductive lawyer can provide valuable guidance and support throughout the egg donation journey and ensure a successful and legally sound arrangement.