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Florida Egg Donation Law

Egg donation in Florida is governed by Florida Statutes Section 742.14. The statue provides the following: 742.14 Both donation of eggs, preembryos, and sperm are guided by this statue. The donor of any egg, preembryo, or sperm other than the commissioning couple or a father who has executed a pre-planned adoption agreement under Statute 63.213, shall relinquish all maternal or paternal rights and obligations with respect to the donation or the resulting children. Only reasonable compensation directly related to the donation of eggs, preembryos or sperm shall be permitted.

Legal Process

Every intended parent(s) and egg donor that works with Creative Love must enter into a legal contract between parties before the beginning of their egg donor cycle. The legal intended parent – egg donor contract is separate from the agency contract that you sign with us.  It is important that each party receives professional and appropriate legal counseling. Prior to the legal contract the intended parent and the egg donor will agree upon the donors compensation and any miscellaneous expenses.  Both parties will sign an agreement and it will be forwarded to the drafting attorney to incorporate into the legal contract.

Creative Love cannot provide legal advice to either party.  We are not required to review or provide any guidance concerning your legal intended parent(s) – egg donor contract.  However, we recommend that both the intended parent(s) and the egg donor research their rights and laws regarding egg donation.  Once the intended parent(s) has selected a donor to work with Creative Love has a referral list of attorneys the intended parent(s) can review. All of these attorneys have experience in Reproductive Law.  The intended(s) parent’s can choose to work with their own attorney or one provided from the referral list given by Creative Love.  Should the intended parent’s decide to work with their own attorney that attorney must have experience in Reproductive Law.  Creative Love will make all legal arrangements for the egg donors legal representation. The contract that is drafted between the intended parent(s) and the egg donor is not to be taken lightly. It is a legally binding contract. Both parties will have separate legal representation to avoid any conflict between them.  The intended parent(s) attorney is called the “drafting attorney.”  The drafting attorney will write the contract and forward it to the egg donors attorney who is the “reviewing attorney.” The egg donors attorney will forward a copy of the contract to the egg donor to review. The egg donor will then have a consult with her attorney to explain and review the contract to her.  If the donor has any request for any changes of the contract this is the time for her to request them.  Both parties must be in full agreement to any changes to the contract. Once the contract has been rewritten with any changes and finalized all parties will sign their contract copy. Once all of the original copies of the contract have been signed and sent to the intended parent(s) attorney then the intended parent(s) attorney will send a “legal clearance” letter to the IVF clinic. At this point the intended parent(s) are ready to begin their egg donor cycle. We have listed several important issues that should be covered in your attorney consult and included in your contract.

Important issues to cover in your intended parent(s) – egg donor contract:
  • Donor compensation.
  • All travel expenses and any miscellaneous expenses.
  • Confidentiality concerns for all parties if you are participating in an anonymous cycle.
  • Egg Donors responsibilities as far as commitment to complete the cycle, Dr’s appointments, administration of medication, that all information provided is true and correct on the egg donors application and psychological and genetic consult.
  • Deciding if there will be any future contact with the egg donor after the cycle or in the future (for medical reasons).
  • Clearly define that the intended parent(s) that births the child born through egg donation is their sole responsibility both legally and financially.
  • When an egg donor consents to participate in the egg donor program with Creative Love she is consenting to relinquish her rights to all eggs retrieved. The egg donor has no rights to the disposition of the remaining eggs or embryos created. The consent with the agency and clinic must be in consistent.
  • Creative Love will keep all Medical and Legal records for both parties if needed for future use.