Reproduction | Egg and Sperm Donation in Virginia

The Adoption and Surrogacy Law Center

Egg and Sperm Donation in Virginia

By Colleen Quinn, Esquire

The Adoption & Surrogacy Law Center

at Locke & Quinn

http://www.virginia-adoption-attorney.com

quinn@lockequinn.com

Sometimes the only impediment to conception is the viability of an intended mother’s eggs. Through modern science, there are egg donors out there who are willing to endure the somewhat inconvenient procedure of increased ovulation and egg extraction.

Usually a successful egg donor arrangement, after locating an acceptable donor, simply involves the drafting of an egg donor contract. Under Virginia law, the woman that carries and delivers the child is presumed to be the mother of the child and, absent a court order or amendment procedure, it is the carrying mother’s name that is placed on the birth certificate. Accordingly, under the usual egg donor arrangement (where the donated eggs are placed into the intended mother) no amendment to the birth certificate is usually necessary.

Typically an egg or sperm donation agreement solely with the fertility clinic – and not directly as between the donor and the recipient(s) – does not cover all of the issues adequately as between the parties. Important issues in such agreements include:

–                    Was the donor offered the opportunity to have legal counsel and does he or she fully understand the legal aspects of donating?

–                    Are there any mechanisms in place for the recipients to be able to contact the donor for medical or genetic information regarding the child in the future?

–                    Is there any mechanism in place for the donor to be able to contact the recipients – even if through a third party – to share any newly discovered medical or genetic information regarding himself or herself or his or her future children?

–                    Does the donor plan to register with any state or federal egg or sperm donor registry if and when such a registry comes into existence? What about registration with informal registries?

–                    Have all payments made, if any, been lawful?

–                    What opportunity has been provided for having full background information regarding the medical, educational, national origin and other background information regarding the donor? To what extent has the information been certified or validated?

Whether the egg or sperm donation is known or anonymous, it is important to have an egg or sperm donation agreement in place that adequately addresses the rights of the parties and any future contingencies.

See also: Recommended Adult Books for Parents Who Conceive Children Through Assisted Reproductive Technologies and Recommended Children’s Books for Children of Assisted Reproductive Technologies

RICHMOND: 804-285-6253
CONTACT US

Egg/ Sperm Donors


Egg and Sperm Donation in Virginia

By Colleen Quinn, Esquire

The Adoption & Surrogacy Law Center

at Locke & Quinn

http://www.virginia-adoption-attorney.com

quinn@lockequinn.com

Sometimes the only impediment to conception is the viability of an intended mother’s eggs. Through modern science, there are egg donors out there who are willing to endure the somewhat inconvenient procedure of increased ovulation and egg extraction.

Usually a successful egg donor arrangement, after locating an acceptable donor, simply involves the drafting of an egg donor contract. Under Virginia law, the woman that carries and delivers the child is presumed to be the mother of the child and, absent a court order or amendment procedure, it is the carrying mother’s name that is placed on the birth certificate. Accordingly, under the usual egg donor arrangement (where the donated eggs are placed into the intended mother) no amendment to the birth certificate is usually necessary.

Typically an egg or sperm donation agreement solely with the fertility clinic – and not directly as between the donor and the recipient(s) – does not cover all of the issues adequately as between the parties. Important issues in such agreements include:

–                    Was the donor offered the opportunity to have legal counsel and does he or she fully understand the legal aspects of donating?

–                    Are there any mechanisms in place for the recipients to be able to contact the donor for medical or genetic information regarding the child in the future?

–                    Is there any mechanism in place for the donor to be able to contact the recipients – even if through a third party – to share any newly discovered medical or genetic information regarding himself or herself or his or her future children?

–                    Does the donor plan to register with any state or federal egg or sperm donor registry if and when such a registry comes into existence? What about registration with informal registries?

–                    Have all payments made, if any, been lawful?

–                    What opportunity has been provided for having full background information regarding the medical, educational, national origin and other background information regarding the donor? To what extent has the information been certified or validated?

Whether the egg or sperm donation is known or anonymous, it is important to have an egg or sperm donation agreement in place that adequately addresses the rights of the parties and any future contingencies.

See also: Recommended Adult Books for Parents Who Conceive Children Through Assisted Reproductive Technologies and Recommended Children’s Books for Children of Assisted Reproductive Technologies

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4928 W BROAD ST
PO BOX 11708
RICHMOND, VA 23230

PHONE: (804) 285-6253
FAX: (804) 545-9400

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