The modern medical breakthrough of in vitro (test tube) fertilization enables infertile women to bear children.

Sometimes the infertile woman's eggs are not suitable for reproduction. In that event she can consider the use of a donated egg or embryo to achieve her pregnancy.


An infertile couple may discover through medical determination that the wife’s eggs are not suitable for reproduction.  In these situations, egg retrieval, in vitro fertilization, and embryo transfer medical procedures make possible the use of donated eggs, so that the infertile couple can achieve pregnancy (through use of the husband’s sperm and donated eggs). 

Infertile couples can readily obtain donated eggs, often from family members, friends, or through those secured by infertility clinics or agencies. 

When an egg donor is located, it is necessary for the infertile couple to enter into an egg donation contract with the egg donor and her husband if she is married. This contract is constantly updated and revised, and addresses the issues of:

• Maternity.  Since the genetic mother is different from the woman who will be delivering the baby, it is essential that the parties agree who will have maternal parental rights and support obligations (the egg recipient) and that the egg donor relinquish any and all of her rights to the use of her donated eggs.
• Establish Procedures to be Undertaken.  Egg donation involves a course of medical and pharmaceutical treatment, which generally induces ovulation. The invasive procedure of physically removing eggs from a donor is required, and diagnostic tests (such as HIV/AIDS, sexually transmitted disease, and ultrasound examinations) assist the medical practitioners in timely retrieving the eggs.
• Informed Consent.  There are risks of the medical procedures to be undertaken, and good practice would dictate that the contract reveal the risks of the procedures to be undertaken.  There are also some elements of legal risk, in that only 5 states have statutes on egg donation.
• Genetic Disclaimer.  Certain diseases or conditions may be known to exist in the donor’s family, or may be found within certain populations or ethnic groupings. These conditions should be divulged and the risks assumed by the recipient couple.  In order to assist the attending physicians of the child or children to be born, medical and genetic history of donor and donor’s relatives should be provided from the individual(s) who donate the egg and/or sperm.
• Cryopreservation.  While more comprehensive agreements are generally signed with the cryobank facility where the eggs are maintained, issues of disposal or other use of the embryos should be addressed.

Embryo donation involves the same issues as egg donation, and more.  One hundred percent of the child’s genetics, rather than 50 %, will be donated by others to the intended parents.   Paternity, in addition to maternity, must be established.  Additionally, embryo donors realize that they are parting with their own complete potential human beings and are often quite discriminating in placing their embryos with infertile couples.  A contract is essential.

While rudimentary egg donation contracts abound on the Internet, most infertility clinics require receipt of an attorney's opinion letter sanctioning the contractual arrangement. Ms. Clay issues an attorney opinion letter when the contract is completed and signed.