Egg Donation Legal Process in Texas

By Ellen Rubenstein

Congratulations! You have made it to the legal phase of the egg donation process.

Completing the legal agreement is typically comprised of three main steps: 1) drafting the agreement, 2) reviewing and editing the agreement, and 3) executing the agreement.

The first step typically entails the intended parents’ (a.k.a. recipients’) attorney drafting the agreement. This is an agreement that is between the intended parents and the donor. While the agency is not an actual party to the agreement, the agency will provide the drafting attorney with important details that need to be included in the agreement. These details, among others, include compensation information, travel details, and disposition terms (what happens to the eggs and embryos once the intended parents’ family is complete).

The drafting attorney adds all of this information into the agreement that clarifies that the intended parents, not the donor and/or her husband, will be the legal parents upon birth of the child.Once the agreement is drafted, the intended parents’ attorney sends a copy of the draft to the donor’s attorney.

The donor’s attorney and the donor then setup a time to review the agreement in detail over the phone to make sure all of the necessary details are included. The egg donor’s attorney revises the document as needed to make sure the donor is protected as well. The donor’s attorney then sends these revisions back to the intended parents’ attorney for their review with the intended parents until all parties have agreed upon the final version.

Finally, the intended parents’ attorney will send the intended parents and the egg donor’s attorney the final version of the agreement for everyone to sign. Once the intended parents’ attorney has both signed copies, he/she will issue legal clearance to the IVF clinic. This is usually a short document that is emailed to the third-party coordinator at the clinic to notify the clinic that legal is complete and the next steps in the process can begin (scheduling a calendar, for example).

Thank you Ellen for your contribution of this information.

Thank you Ellen for your information, it is always a pleasure to work with you!


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