Egg donation is a deeply meaningful act that can help individuals and couples realize their dreams of becoming parents. In Massachusetts, the legal framework surrounding egg donation is designed to protect the rights and interests of all parties involved—the intended parents, the egg donor and the future child.
Whether individuals are considering donating their eggs or planning to build a family with the help of an egg donor, understanding the legal requirements is essential.
Legal contracts are essential
While not mandated by state statute, legal contracts are standard—and strongly recommended—before any egg donation process begins. This contract outlines:
- The donor’s consent to donate eggs.
- The donor’s relinquishment of any parental rights.
- Compensation details (if applicable).
- Responsibilities and expectations of all parties.
- Confidentiality and future contact agreements.
These agreements are crucial to clarify intent and help prevent legal disputes.
Psychological and medical screening
Egg donors must undergo a series of medical and psychological evaluations, typically coordinated through a fertility clinic or egg donation agency. These assessments help ensure that the donor is physically and emotionally fit to proceed. While these evaluations are part of industry best practices rather than legal mandates, reputable clinics and agencies require them to maintain ethical and safe standards.
Informed consent
Egg donors must give informed consent prior to beginning the medical process. This includes understanding:
- The hormonal treatments involved
- The risks of egg retrieval
- The implications of donating genetic material
Clinics and agencies must provide clear, written information and answer all questions thoroughly to help ensure true consent.
Parental rights of intended parents
Massachusetts courts are generally supportive of intended parents establishing legal parentage. This is especially important when the egg donor has waived her parental rights in a legal agreement. In most cases, the intended parents are recognized as the legal parents from birth. However, in situations involving same-sex couples or surrogacy, additional legal steps, such as pre-birth or post-birth orders, may be required.
Egg donation is a generous and life-changing gift. In the Bay State, the legal process is designed to support ethical, transparent and safe egg donation arrangements. Enlisting experienced legal guidance and working with reputable medical institutions helps protect all parties—especially the future child.