Egg, Sperm, and Embryo Donation Agreements

Ohio statutory law does not address egg donation. Instead, recipients rely on either the clinic consent to donate form signed by the egg donor or a direct agreement with their egg donor. 

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Ohio statutory law does address sperm and embryo donation. When followed precisely, the donor of embryo or sperm will have no parental rights. Those rights will be vested in the recipient(s). 

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The Ohio statute on embryo donation specifically excludes the circumstance where the recipient does not intend to gestate the child. However, certain courts treat embryo donation the same way as they treat egg donation and sperm donation in their recognition of the recipient(s) as the intended and legal parent(s).

There are many reasons recipients and donors should enter into direct egg, sperm, or embryo agreements with one another. This is particularly the case if the donor and recipient(s) know one another at the time of donation or, in the case of sperm donation, if IVF/reciprocal IVF will be used.

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Further, because of the absence of statutory law on egg donation in Ohio, a recipient(s) may desire more than the consent to donate form the donor signs at the clinic as evidence of her intention to relinquish her rights to the donated gametes. An agreement can accomplish this.