What Egg Donors Should Know About Egg Donation Contracts
Deciding to become an egg donor can take you into uncharted personal territories, emotionally, medically, and legally. If you signed up to be a donor through an egg bank, you will not need to wait until being matched before starting the process. But if you’re becoming a donor through a clinic or agency that does not freeze and bank your eggs, once you have been matched with a recipient, it is time to get the ball rolling. And that means signing legal contracts before you start taking any medications. Knowing what to look for when reading and signing legal contracts is important in order to make sure you understand the conditions and terms of your contracts and that you are comfortable with those conditions. Make sure you read the contract thoroughly and understand each item, and ask questions if there is something you do not understand. Before you sign on the dotted line, here are some things you should know about egg donation contracts. Will I have my own attorney? Most egg donation programs work with attorneys to draw up legal contracts. Some use the same attorney for both the donor and the recipient(s). However, using the same attorney as the intended parents could be seen as a “conflict of interest.” How do you know the attorney that is supposed to be representing your interests will not prioritize the paying clients over you? You Can Request Your Own Attorney You can request to hire your own attorney and, in some cases, the clinic or agency will cover the costs of your legal representation. A more likely scenario is that you will be provided with legal representation from a different attorney than the one assigned to the intended parents, but still one of the clinic’s choosing. If you still have concerns about having an attorney who only represents you and your interests, talk to your donor coordinator and try to negotiate your own choice of attorney without having to cover the costs yourself. You should feel comfortable that you have an attorney who is representing your interests. Read: Navigating the Decision to Become an Egg Donor Read: Becoming an Egg Donor: The Recruitment and Screening Process Read: Becoming an Egg Donor: Agencies, Clinics, Egg Banks & Private Arrangements Can I negotiate my egg donation contract? Most women going through the egg donation process—especially for the first time—think that they are required to accept whatever terms are laid out in their contracts. Many are afraid that if they do not accept the contract terms, or if they try to negotiate, they will be rejected from the program. This is not the case—nor should it be. While some egg donation programs have non-negotiable contracts, most realize that you may want to make some changes, and are entitled to do so. If you are told that your contract is non-negotiable, and you are not comfortable with the terms of the contract, it’s in your best interest to find a clinic or agency where you can negotiate the terms that are right for you. First and foremost, this is your body and for now, these are your eggs. What you negotiate now can affect you immediately and also years down the road. So yes, you can—and should—negotiate your contract to make sure your interests are covered and that you are prepared for all possible circumstances, as much as possible. If a recruiter tells you your contract is non-negotiable, see this as a red flag and go elsewhere. There are plenty of clinics, agencies, and egg banks to choose from. Make sure you discuss the terms with the attorney representing you and that your interests are protected. Below are some things to consider when negotiating your contract. How many cycles am I signing up for? Some clinics, agencies, or egg banks will build multiple egg donation cycles into a contract. They may require you to agree to undergo three cycles, rather than just one at a time. Why? Screening donors cost clinics money. Donors have to undergo a range of medical tests, be screened by psychologists and genetic counselors, and other logistics. Donors also have to be instructed on how to self-administer injections and other logistics. The screening process costs staff time and money. If a donor decides to only undergo a single donation cycle, the clinic invests more time and money screening and preparing the donor for her cycle than donors who undergo up to six cycles. However, you cannot possibly know ahead of time if you really want to do multiple cycles. Your decision to do so likely depends a lot on your experiences the first time, how you reacted to the fertility medications, how easily you recovered, and whether or not you had a good relationship with agency personnel or medical staff and doctors who were in charge of your cycle. Rather than agreeing to sign up for multiple cycles at once, it is in your best interest to negotiate to do one cycle at a time so that you have the freedom to consider whether or not this is something you want to do again. You should also know that even if you agree to do multiple cycles in your contract, and you change your mind after your first (or subsequent) cycle, no one can force you to undergo a medical process or procedure. But you may face some extra expense and hassle if you try to get out of your contract. What is the timeline for my egg donation cycle? Your contract should indicate when you will start your egg donation cycle. Sometimes you will start medications as soon as you sign the contract and are matched with a recipient. Other times, the clinic or recipients may want to wait, based on their schedule, or perhaps to sync your cycle with the intended mother or gestational surrogate. You can also negotiate your start date and let them know when you are and are not available. If you have a vacation





