Egg Donation Laws And Related Questions

What does one mean by egg donation?

What does one mean by egg donation?

When a woman gives one or multiple eggs to help in reproduction, it is called egg donation. This is normally done to help someone who cannot have a baby conceive. The American Society of Reproductive Medicine has issued guidelines about who may or may not become egg donors. Most of these guidelines are very strict and as a result people may have questions when they try to understand these guidelines. Given below are some of the commonly asked questions about egg donation laws:

Can an individual who is not a legal resident of the US adopt a child who legally is a citizen of California?

The law of California will handle the adoption of a child who is a legal citizen of the state. It will not be handled by the federal immigration law. The law of California does not state that a child has to be adopted by a citizen of USA only. Hence, in most cases, if a person who is not a resident of USA adopts a child from California, it may be considered to be legal. However, if the child is a minor and has another parent, then the parent may have to give up the parental rights before the adoption takes place.

Can a person get back his/her money if he/she is not satisfied with the service of an egg donation agency?

If a person is not satisfied with the service provided by the agency, he/she can file a suit for breach of contract against the agency. They can also file a small claims suit if the amount is not more than $15,000. The agency will have to pay the court fees and costs and the deposit paid by the individual. The individual can get the forms required to file the suit from the local clerk at the court.

Who would the baby legally belong to if one woman donates the egg and another woman carries the baby?

The laws governing egg donation may differ from state to state. If the relationship between both the women is a committed one, then both of them may have equal rights towards the child. However, in most states the maternal rights may be given to the baby that carries the child.

A child was conceived through egg donation. The name listed on the childs birth certificate is not that of the biological mother. In such a situation, would the father get sole custody of the child?

In such a scenario, the couple will first have to file for a divorce and then request for a DNA test. If the mother is not the biological mother of the baby, she may not have any rights towards the baby.

If an egg donor thinks that a child is being neglected and abused, can she petition to get custody of the child?

A person may not get a biological parent's rights to a child just because she is the egg donor. She will have to prove to court that she shares a bond with the child and it is in the best interest of the child to give her the custody. The donor may inform the Administration of Children Services so that an investigation can take place about the abuse and neglect.

Becoming an egg donor for someone is not an easy decision to take. There can be unforeseen legal issues that may crop up in the future. You may ask a family lawyer if you are faced with such a situation and need further assistance.

by: MeghanJones

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