Due to the fact that a medical procedure is required for egg donation, this type of donation is done exclusively through clinics. The New York State Department of Health has a section on their website entitled “Becoming An Egg Donor”, that permits compensation of egg donors, in addition to reimbursement for expenses incurred in the process.
An egg donation agreement should be entered into prior to the beginning of medications leading up to the egg donation. Egg donation is a serious medical procedure and both the donor and the intended parents need to be aware of the risks and consider how the donor will be insured and compensated for any complications that occur. Both sides should be represented by independent counsel in the negotiation and execution of the agreement. The intended parents typically pay the attorneys’ fees for the egg donor.
In cases where the intended mother gives birth to a child conceived via donor egg, the mother and her spouse, if any, are listed on the child’s birth certificate. However, an agreement between the donor and intended parents is needed even in this context. As of February 15, 2021, pursuant to the Child Parent Security Act, a parentage proceeding will also be available to confirm the parentage of the egg donation recipient(s).
In cases where the intended mother does not carry the pregnancy (due to fertility issues or because the intended parent(s) is/are a single man or same sex male couple), the services of a surrogate will be needed. For more information on this process, please see our section on Surrogacy.
Couples or individuals who have frozen eggs left after they have finished creating their family also need to consider how the eggs will be treated in the event of a divorce or upon their passing. The disposition of frozen eggs, embryos, and sperm should be addressed in an agreement between the parties.