What’s in a contract, and other FAQ’s
- Do intended parents have complete decision-making power over the disposition of the donated eggs and resulting embryos?
- What are some of the issues that should be included in an egg donation or gestational surrogacy agreement?
- What is fair compensation for being an egg donor?
- How can you be sure that your name, and not the gestational surrogate’s name, will be on the birth certificate?
- Are credit cards accepted for payment of attorney fees?
Do intended parents have complete decision-making power over the disposition of the donated eggs and resulting embryos?
In California, the Penal Code places restrictions on the power of intended parents as to donated sperm, ova (eggs) or embryos in assisted reproduction technology. California Penal Code Section 367(g) states:
“(a) It shall be unlawful for anyone to knowingly use sperm, ova, or embryos in assisted reproduction technology, for any purpose other than that indicated by the sperm, ova, or embryo provider’s signature on a written consent form.
“(b) It shall be unlawful for anyone to knowingly implant any sperm, ova, or embryos, through the use of assisted reproduction technology, into a recipient who is not the sperm, ova, or embryo provider, without the signed written consent of the sperm, ova, or embryo provider and recipient.”
Egg donation agreements should clearly state the parties’ intentions regarding the disposition of the donated eggs and any resulting embryos created with the donated eggs. This is a very personal decision, and often a difficult decision to make. Whatever decision is made, it must be agreed upon by all parties to the egg donation agreement. Choices include several options: of course, the intent is first for intended parents to have a child by transferring embryos to the intended mother’s or a surrogate's body for intended parents to have a child. Remaining embryos can be cryopreserved for the intended parents’ own future use for the purpose of having a child, or donated for the purpose of medical research, or donated to another person or persons for that person or persons to have a child, or the embryos can be terminated.
What are some of the issues that should be included in an egg donation or gestational surrogacy agreement?
- Intentions of the parties
- Financial responsibility of intended parents
- Confidentiality
- Egg donor's and/or surrogate's responsibilities
- Egg donor's and/or surrogate's fee and what the fee covers
- Risks involved
- Medical insurance
- Physical and psychological evaluations
- Will the egg donor be anonymous or non-anonymous?
- What will be the disposition of any remaining embryos?
- How long will the egg donor/surrogate be available?
What is fair compensation for being an egg donor?
Intended parents’ decision to use donor eggs is very personal, and can be a very difficult decision to make. Egg donors should understand the anguish experienced by intended parents unable to conceive a child without assisted reproductive medicine and want to help others experience the joys of having a child. Monetary compensation should not be the main motivating factor. Yet, compensation to an egg donor should be fair and reasonable.
The thing about retrieving eggs from a donor is…. the injections, surgery, timing, medical insurance, risks, discomfort, lack of success in freezing unfertilized eggs, and possible side effects from medication. When a woman chooses to help a couple by being an egg donor, she agrees to follow, like clockwork, the medical regimen given to her by the physician. The regimen includes taking daily injections for a specified period of time, going to the physician's office to be monitored, and then undergoing the egg retrieval process. The daily injections are to stimulate the ovaries to produce as many ovarian follicles as safely as is possible. There is also a final injection of a different drug administered to release the eggs for the retrieval. Then there is the egg retrieval, which requires local anesthesia for an ultrasound-guided aspiration.
Whatever you may have heard in the media about compensation to egg donors, The Law Office of Susan Katzman has found that the generally accepted amount paid to an egg donor is in the area of $5,000. The American Society of Reproductive Medicine (ASRM) is a professional association dedicated to the advancement of the art, science, and practice of reproductive medicine. The ASRM Ethics Committee has established the guideline that compensation paid to egg donors above $10,000 is not appropriate.
How can you be sure that your name, and not the gestational surrogate’s name, will be on the birth certificate?
When the assisted reproduction involves a gestational surrogate, a court order is necessary to establish that the intended parents are the legal parents and that neither the surrogate (nor her husband, if surrogate is married) has any legal responsibilities or rights. Susan personally attends to every detail so that this process is a smooth one. This includes working with hospital personnel to assure that the intended parents’ names will be on the birth certificate as ordered by the court, and that the baby is released from the hospital to the intended parents.
Are credit cards accepted for payment of attorney fees?
Yes. For your convenience, credit cards are accepted for payment of attorney fees. Please click here for credit card authorization form.
Privacy Notice regarding clients making payment via credit card: The Law Office of Susan Katzman knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This notice describes our privacy policy.
By visiting susankatzmanlaw.com, you are accepting the practices described in this Privacy Notice.
The information we learn from customers helps us personalize and continually improve your billing experience at susankatzmanlaw.com. We receive and store any information you enter on our Web site or give us in any other way. We use the information that you provide for such purposes as responding to your requests and expediting billing, while offering you the power of using your credit card. Information and confidentiality about our clients are an essential part of our business, and we hold this in the strictest regard, as required by law. We stand behind the promises we make, , and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.
Legal disclaimer:
The information on this website is for general information and advertising purposes. This information is not intended to be legal advice for you to rely on. We welcome your inquiries and recommend that you contact this office for specific questions. Susan Katzman is licensed to practice law in the State of California. Links to third party content are for general information only. The Law Office of Susan Katzman is not responsible for any third-party content and disclaims any responsibility for and liability with respect to the contents of any third-party sites that may be linked to this site.
