What to Know About Egg Donor Agreements in Illinois

 Posted on November 21, 2022 in Family Law

It is often said there is no more extraordinary gift than starting a family. Unfortunately, for so many families, fertility is not easy as it is for other couples. As a result, couples may find themselves looking for outside assistance when it comes to having a baby. There are few kinder acts than a woman donating her eggs to a couple looking to start a family. 

If you are interested in donating your eggs or you are interested in seeking an egg donation from someone else, it is essential to understand what the process entails. The egg donation process can be a complex one, bonded by something called an egg donor agreement. Consult with an experienced attorney who is knowledgeable in the area of egg donation and egg donation agreements. The attorney will ensure the rights of all parties involved in the process remain protected and that the process is as smooth as possible. 

What an Egg Donor Agreement Entails

Whenever a woman decides to donate her eggs, it is crucial that there is a contract that exists that unmistakably specifies the rights held by the donated eggs as well as the parental rights for children who are born using the eggs. The individual who donates her eggs is rarely considered to be the child's parent. However, in Illinois, the donor may be required to pay child support if they fail to have a legal agreement where the anticipated parents accept responsibility for the baby and the egg donor renounces any rights to the child.

Furthermore, the egg donor contract comprises all issues related to the egg donation process, including the results of the donation process, including:

• Rights of the parents – In most cases, the donor will surrender her rights to the donated eggs. The prospective parents then assume all paternal rights and obligations for a child generated by donated eggs. 

• Conditions of the donation – A formal contract will specify when, where, and how the egg donation will be accomplished. This includes selecting the clinic and doctor responsible for performing the medical procedures related to the donation. 

• Medical insurance – The prospective parents will likely need to secure medical insurance covering the donor's medical costs. This may include covering the costs of any difficulties that arise from the donation. 

• Reimbursement and incidentals – The person donating the eggs will usually receive payment for her time and effort involved in the donation, although not for the donation per se. The egg donor agreement should specify the payment amount and other expenses that may need to be covered, like travel expenses or lost work wages. The contract should include when payments will be made and how. 

• Disregarded cycles – In this area of the egg donation agreement, the agreement should specify if the donor will receive dues if the egg donation progression ends due to the preferences of either party, is unsuccessful, or is canceled throughout the different stages of the donation cycle. 

• Upcoming contact – This area of the agreement specifies if the prospective parents will inform the donor of the pregnancy and if the donor will have communication with the child. 

• Any eggs or embryos that are not used – The prospective parents usually maintain control of any donated eggs and embryos that are created. Nevertheless, an egg donation agreement may choose to identify how the eggs or embryos will be used. This includes whether they will be donated for medical research, to another prospective couple, or will be disposed of.

• Confidentiality – The egg donation agreement may state whether the donor can discuss the egg donation with others or whether they can or cannot disclose the parents' identities. 

Contact a Rolling Meadows Egg Donor Agreement Attorney 

If you are interested in donating your eggs and already have a prospective parent match, or you are a prospective parent interested in the egg donation process, contact the Arlington Heights egg donor agreement lawyers with A. Traub & Associates. Call 847-749-4182 to schedule a private and all-encompassing consultation.

Source: https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000460HArt%2E+7&ActID=3638&ChapterID=59&SeqStart=6600000&SeqEnd=6799853