
In a standard egg donation arrangement, an Egg Donor will donate her eggs to a couple which are combined through in vitro fertilization in the lab with the Intended Father’s sperm in order to form embryos. Egg Donors take approximately two to three weeks of shots (depending on your physician’s protocol) to stimulate their production of eggs. These embryos are then either transferred by the physician into the uterus of the Intended Mother or a Surrogate to attempt to achieve a pregnancy.
Similar to a surrogacy arrangement, it is critical that a carefully drafted contract is executed by the Parties outlining the essential rights and obligations inherent in an egg donation arrangement. Under California law, once the eggs are retrieved and embryos are formed, the embryos are considered the “property” of the Intended Parents’ marriage. Unless the match involves a Surrogate where parental rights are finalized by the filing of a stipulated Judgment, there are no legal proceedings required specifically because an Egg Donor is involved. By giving birth to the baby, the Intended Mother is automatically established as the legal mother of the baby and therefore both names of the Intended Parents are placed on the baby’s birth certificate.