Egg, Sperm, and Embryo Donors

SURROGACY EGG DONATION: Regardless of your reason to become an egg donor, or to use an egg donor, you want to be sure that your legal rights are protected.  A donor does not want to find themselves responsible for a biological child in the future, and an intended parent does not want a donor to be able to claim a legal right to a child born as the result of the donation.  You want to secure the services of an attorney to be sure these situations are avoided.

There is no specific law on egg donation in Ohio as it relates to the parental rights of a child born from a donor egg.  It is important that this particular issue be addressed thoroughly in an Egg Donor Contract, which may or may not be handled by a donor agency.  There is recent case law in Ohio (2010) that allows for the court to determine the intended mother as the natural mother of a child born to a surrogate as the result of egg donation, however, the courts have not had much opportunity to address this in any subsequent cases since the [novice] decision.  It is important to have proper legal representation to assist you in assuring that the intended mother’s name is placed on the birth certificate at birth. Call Attorney Hete to assist you or for more information.

SPERM DONATION: The Ohio Revised Code (section 3111.95) addresses the rights of sperm donors.  Specifically, it states that sperm donors do not retain any rights as a parent of a child born through the use of their donated sperm.  It goes on to state that if a married woman uses donor sperm to become pregnant, with her husband’s consent, her husband will be deemed the natural father of any child born as the result of a pregnancy that is accomplished with the donor sperm.  Parties must be aware of the legal definition of “donor” as it relates to sperm.  Call Attorney Hete to assist you or for more information.

SURROGACY EMBRYO DONATION: Ohio Revised Code (section 3111.97) discusses parentage that results from embryo donation.  However, the law only applies to embryo donation for the purpose of impregnating a woman so that SHE can bear a child that she intends to raise as her own.  Parties to surrogacy who utilize a surrogate to carry donor embryos (or who have utilized donor eggs and donor sperm) would need to rely on case law [link to Novick] to establish their parental rights to a child born as the result of donor embryos.  This case is very new as of 2010 and most courts do not have experience in addressing this issue properly at this time.  It is important to have a knowledgeable attorney to assist you in this situation. Call Attorney Hete to assist you or for more information.


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