Egg Donor Agreement Template

Egg Donor Agreement

This Egg Donation Agreement (the "Agreement") is made and entered into on Date: by and between Donor Name: (referred to herein as "Donor") and Recipient Name: (referred to herein as "Recipient"). Donor and Recipient are each a "Party" and collectively the "Parties."

Recitals

WHEREAS, Recipient desires to obtain ova (eggs) from Donor for the purpose of assisted reproduction pursuant to the terms set forth in this Agreement;

WHEREAS, Donor represents that Donor is willing to undergo medical evaluation, hormonal stimulation, egg retrieval and related procedures, and to donate eggs to Recipient under the terms and conditions set forth herein; and

WHEREAS, the Parties wish to set forth their respective rights, responsibilities and obligations regarding medical screening, informed consent, compensation, confidentiality, and disposition of genetic material.

NOW, THEREFORE, in consideration of the mutual covenants and promises set forth below, the Parties agree as follows.

1. Definitions

For purposes of this Agreement, the following terms shall have the meanings set forth below: "Eggs" means the gametes retrieved from Donor pursuant to the procedures described in Section 3; "Clinic" means the fertility clinic or medical facility that performs screening and the retrieval procedure. Clinic Name: .

2. Donor Representations and Warranties

Donor represents and warrants to Recipient that: (a) Donor is at least 21 years of age and is legally competent to enter into this Agreement; (b) Donor is not currently a parent of a child conceived with Recipient's assistance under any prior agreement; (c) Donor has fully and accurately disclosed all material medical, genetic and reproductive history to the Clinic and Recipient and will promptly supplement such disclosures if new information becomes known prior to retrieval; and (d) Donor will sign any additional medical consent forms required by the Clinic. Donor initial acknowledgment:

3. Medical Screening, Treatment and Procedures

Donor agrees to undergo medical and psychological screening, blood tests, genetic testing, infectious disease testing, and such other examinations as the Clinic deems necessary. Donor consents to ovarian stimulation, monitoring, anesthesia, transvaginal ultrasound-guided egg retrieval, and any ancillary procedures deemed necessary by the treating physician. Donor consents that results of medical and genetic testing may be used by Recipient, Clinic, and their medical advisors in decisions concerning implantation and future medical care.

4. Consent, Parental Rights and Relinquishment

Donor acknowledges and agrees that upon transfer of embryos created with Donor's Eggs to Recipient (or Recipient's designee) and any resulting pregnancy or birth, Donor shall have no parental or custodial rights or obligations with respect to any child conceived from such Eggs, and hereby irrevocably and unconditionally waives and renounces any and all rights to parentage, custody, visitation, support, or inheritance arising from such conception or birth. Donor further agrees to execute, if requested, such documents and instruments as may be reasonably necessary to document relinquishment of parental rights.

5. Compensation and Expenses

In consideration for Donor's services and duties under this Agreement, Recipient agrees to pay to Donor total compensation in the amount of $ payable as follows: . Compensation is intended as consideration for services and is not conditioned on any outcome of procedures. Recipient shall also reimburse or directly pay all reasonable medical, travel and accommodation expenses pre-authorized in writing, provided receipts are submitted.

Donor acknowledges that Donor is responsible for any tax obligations arising from compensation and that Recipient will not withhold taxes unless required by law. Tax reporting required: Yes

6. Confidentiality and Disclosure

Except as required by law or as necessary for medical treatment and genetic counseling, the Parties shall maintain the confidentiality of medical records, identifying information, and the terms of this Agreement. The Parties agree that identifying information may be shared with the Clinic, licensed medical professionals, and legal counsel as reasonably necessary.

Donor elects the following disclosure arrangement (check one):
Anonymous donation (no identifying information shared with Recipient)
Identified donation (Donor consents to sharing of contact information)
If identified, specify permitted contact scope:

7. Testing, Storage and Use of Genetic Material

Donor consents to genetic testing, creation of embryos using Donor Eggs, cryopreservation of embryos and/or eggs, and storage of resulting genetic material under Clinic policies. Ownership and disposition of embryos and genetic material shall be governed by Clinic records and any written disposition instructions provided by Recipient. Donor recognizes that Recipient shall determine ultimate disposition of embryos and any child resulting from such embryos.

8. Risks, Voluntary Participation and Informed Consent

Donor affirms that Donor has received, read and understands information regarding the physical, emotional and genetic risks associated with ovarian stimulation, egg retrieval and related procedures, including but not limited to infection, bleeding, reaction to medications, ovarian hyperstimulation syndrome, and potential future reproductive implications. Donor's participation is voluntary and may be withdrawn prior to administration of anesthesia or retrieval without penalty; provided, however, that cancellation or withdrawal may affect compensation per Section 5.

9. Indemnification and Liability

Each Party shall indemnify, defend and hold harmless the other Party from and against any and all claims, liabilities, losses, damages, and expenses (including reasonable attorneys' fees) arising from that Party's breach of this Agreement, willful misconduct, or negligent acts. Recipient shall not be liable to Donor for ordinary risks inherent in medical procedures performed by the Clinic, except to the extent caused by Recipient's breach of obligations under this Agreement.

10. Insurance; Medical Expenses

Donor is advised to maintain personal health insurance to cover medical care not paid by Recipient. To the extent that medical expenses arise directly from the donation procedures and are the responsibility of Recipient under Section 5, Recipient will reimburse Donor for reasonable uncovered medical expenses incurred in connection with Donation, subject to prior authorization.

11. Termination

This Agreement may be terminated by mutual written agreement of the Parties, by Recipient for material breach by Donor, or by Donor prior to retrieval as set forth in Section 8. Termination shall not relieve Recipient of payment obligations for services and expenses incurred prior to termination in accordance with Section 5, except as otherwise agreed in writing.

12. Notices

Any notice required or permitted under this Agreement shall be in writing and shall be delivered to the addresses set forth below by personal delivery, nationally recognized overnight courier, or certified mail, return receipt requested.

13. Governing Law; Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflicts of laws principles. The Parties agree that any dispute arising from or relating to this Agreement shall be resolved by binding arbitration in the county where Recipient resides, unless the Parties agree otherwise in writing.

14. Entire Agreement; Severability; Amendments; Waiver; Counterparts

Entire Agreement: This Agreement (including any exhibits and Clinic consents) constitutes the entire agreement between the Parties concerning the subject matter hereof and supersedes all prior agreements, understandings and representations, oral or written.

Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect and the invalid provision shall be reformed to the minimum extent necessary to make it valid and enforceable.

Amendments and Waiver: No amendment or waiver of any provision of this Agreement shall be effective unless in a written instrument signed by both Parties. No failure or delay by a Party in exercising any right shall operate as a waiver.

Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

15. Miscellaneous Provisions

Assignment: Neither Party may assign its rights or obligations under this Agreement without the prior written consent of the other Party, except that Recipient may assign certain rights to an entity acquiring substantially all of Recipient's reproductive assets or interests, provided such assignee assumes Recipient's obligations hereunder.

Acknowledgment: Each Party acknowledges that they have had the opportunity to seek independent legal counsel, and that they have read this Agreement, understand its terms, and voluntarily enter into it.

Additional Terms and Medical History

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