Ova/Egg Donation
Additionally, couples may seek ovum donations to create an embryo with the man’s sperm, or they may seek an embryo adoption (also called embryo donation) from another couple. Although ovum and embryo adoptions/donations are not usually indicative of maternal rights, they are an important factor in traditional surrogacy (discussed below). These are also used in gestational surrogacy agreements, but do not cause as many problems for the court system since the ovum/embryo is not the biological material of the actual surrogate.
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Couples often use ovum donation contracts when the couple either have low egg reserve or if the quality of the ovum is not optimal for creating a viable embryo.[ii] The process for donating an embryo is more invasive than donating sperm.[iii] The parties will need to consider contractually what medications and treatments the donor is willing to undergo in order to produce optimal results. Further, they will discuss complications and side effects of the medication and the process.
During egg donation or ovum donation, the donor must undergo a series of medications and procedures before she can donate her genetic material. This also comes with a variety of legal and financial issues.
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In practice, it is very important for couples who seek to adopt gametes or who intend to hire a gestational surrogate, to protect themselves with contracts that cover a multitude of options concerning the medical obligations of each party, the financial obligations of each party, and each possible scenario that could arise each step along the way.[vii] Psychological evaluations can be used to ensure that everyone is doing this for the right reasons and lessening the risk for a courtroom battle during an already emotionally charged stressful time. Furthermore, these are often required by clinics or agencies in order to move forward with a surrogacy/donor contract. This is more of an issue of contract law and is handled before the treatment begins.
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Generally, if the donor signs a contract to donate her ovum to the couple and she is not the one who carries the baby, maternity is less likely to be disputed. Since the intended mother is giving birth to the baby, and there is a contract in place stating that the genetic material which resulted in an embryo is hers moving forward, the birth would create that maternity predisposition discussed above concerning pre-birth orders. Likewise, if she’s married, the husband or spouse, is the presumptive second parent. However, if the intended parents cannot carry the child, they then will begin the process of a gestational surrogacy contract. These scenarios are less likely to create confusion since the mother, or her contracted surrogate, are physically carrying the baby.
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