Egg Donation is the process of acquiring healthy eggs from a donor who endures time consuming and invasive procedures. These procedures often require at least 10 visits to a clinic for screening and monitoring, self-administered injections at home, and a full day off from work for minor surgery with the end goal of extracting 10-15 eggs. The eggs are then transferred to intended parents who will use them to create viable embryos in hopes of creating their own child through IVF.
An egg donor is required to execute a consent agreement which affirms she has been advised of the risks and benefits associated with the anticipated treatment and she consents to proceed. But consent forms do not affirmatively address the termination of a donor’s legal parental rights. Therefore, best practice is for the donor and recipient(s) to enter into an egg donor agreement.
An egg donor agreement sets forth the intention of the egg donor to relinquish her parental rights. It also states the intent of the recipient parents to assume parental rights for any children born as a result of the donation. Under current South Carolina law, once the child is born, the agreement is then presented to the court and transformed into a post birth order which solidifies the legal rights of the parties.