Top Ten Considerations when putting together an Egg Donor Legal Agreement

Dec 26, 2013
Egg Donors
  1. Hire a Lawyer who has experience in Fertility Law, especially having dealt with Egg Donor agreements
  2. Establish what the financial responsibilities are, on the part of the Recipient Couple for all expenses incurred - for the donor, the fertility clinic, as well as the legal costs
  3. Include in the contract that the Recipient Couple will be financially and legally responsible for the child/ren, as well as all remaining eggs, and embryos.
  4. All parties must sign consents at the Fertility clinic- ensuring that they understand the medical process/risks that they are undertaking.  If either party has questions regarding the consents, they will have the chance to review them with their lawyer.
  5. Intended parents, and the Donor must complete Infectious disease screening. Additionally, the Egg Donor must be medically/psychologically cleared by the Fertility clinic prior to the legal process beginning.
  6. With recent breakthroughs in the preservation, or freezing of eggs, for later use in fertility treatment, it is important that clients consider how they will deal with excess embryos.  As technology progresses, the period of time an embryo can be stored and used is likely to increase dramatically.
  7. CFC  to keep records on all parties in the event information is later needed for legal or medical reasons.
  8. Outline confidentiality concerns and provide for privacy for all parties, or in known agreements, establish how/when contact will be made, and by which party.
  9. Stipulate that the legal agreement is to be governed by Canada's federal legislation.
  10. Finally, and most importantly, ensure that you fully understand the agreement that you are entering into.  There are no such things as unimportant questions.  If it is important to you, it should be important to your lawyer.  All clients come to this process, after going through their own journey. Ensuring that all parties you engage, including your fertility clinic, donor program, and lawyer, are caring, and committed to helping you navigate the legal process of engaging an Egg donor to help you build your family.

For further information on CFC's new Egg Donor program, please contact us at 613 439 8701, or by emailing us at

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