Egg Donation Laws

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2002 Uniform Parentage Act

The 2002 version of the Uniform Parentage Act (UPA), which is not itself law but offered as a model for states to adopt, addresses all forms of assisted reproduction: egg donation, sperm donation and embryo donation.  Section 702 of the Act provides that the donor is not the legal parent of the child.  Section 703 provides that a man who has provided sperm to or consents to the assisted reproduction of a women with the intent tot be the father is the father.  Section 704 provides that consent from both the intended mother and father must be in writing.  However, the failure to have a writing does not defeat legal parentage if during the first two years if the child's life the man and women resided with the child and held themselves out to be the child's parents.  If a divorce occurs before implantation, the former husband will not be considered the father, unless he consented to be the father to a child implanted after the divorce.  Section 706 of the UPA.

Alabama

Alabama follows the 2002 version of the Uniform Parentage Act

Alaska

Alaska law addresses sperm donation, but not egg donation

Arizona

Arizona law currently does not address assisted reproduction in any manner

Arkansas

Arkansas only addresses egg donation in terms of medical insurance coverage

California

California laws states that any advertisement for human egg donation for use in fertility treatment must include warning: Egg donation involves a screeing process and all not all potential egg donors are selected and not all selected egg donors receive the compensation amount advertised.   As with any medical procedure, there may be risks associated with egg donation. First, an egg donor must agree to begin the egg donation process and sign a legally binding contract .  The donor is required to receive specific information on the known risk of egg donation.  Consultation with your doctor before entering into an egg donor contract is advised.

Cs. Health & Saftey Code 125325(a)  In addition, a summary of the egg retrieval procedure ,must be given to the egg donor before there is a binding contract.  Ca. Health Code 125325(b)

Colorado

Colorado law states when a women consents to artificial reproduction with donated egg, she is the natural mother. If the husband consents, he is the natural father. The egg donor is not considered the legal mother of any child born due to assisted reproduction from a donated egg.

Connecticut

Connecticut law states that an anonymous egg donor for the use in Artificial insemination with donor sperm or egg or A.I.D. has no right or interest in the child born of A.I.D.

Delaware

Delaware follows the 2002 version of the Union Parentage Act

District of Columbia

In the District of Columbia egg donation laws are not specifically mentioned. The women who gives birth is presumed to be the natural mother of the child.  D.C. Code 16-909(a-1)

Florida

If both husband and wife have a written consent then a child born to them from the use of egg donation is then the legal child of both the husband and wife. Fla Stat 742.11 (1)   In the state of Florida the egg donor relinquishes all the rights Fla Stat 742.14

Georgia

Georgia law does not address egg donation, but addresses sperm donation.

Hawaii

Hawaii only addresses egg donation in terms if medical insurance coverage.  Haw. Rev. Stat 431:1-64, 10a-116.5

Idaho

Idaho law does not address egg donation, but does address sperm donation

Illinois

Illinois only addresses egg donation in terms of medical insurance coverage.  215 lll. Comp. Stat 5/356m(b)(1)(C)

Indiana

Indiana law does not address egg donation

Iowa

Iowa law does not address egg donation

Kansas

Kansas law does not address egg donation, but does address sperm donation

Kentucky

Kentucky law does not address egg donation

Louisiana

The sale of human ovum, fertilized human ovum or human embryo is prohibited. La Rev. Stat 9:122  The women who gives birth is presumed to be the legal mother. La. Civ. Code 184

Maine

Maine law does not address egg donation

Maryland

Maryland only address egg donation in terms of medical coverage.  Md. Ins. Code Ann. 15-810(c)(5)

Massachusetts

Massachusetts does not address egg donation

Michigan

Michigan does not address egg donation

Minnesota

Minnesota law does not address egg donation, but it addresses sperm donation

Mississippi

Mississippi does not address egg donation

Missouri

Missouri law does not address egg donation, but it addresses sperm donation

Montana

Montana law does not address egg donation, but it addresses sperm donation

Nebraska

Nebraska law does not address egg donation

Nevada

Nevada law does not address egg donation, but it addresses sperm donation

New Hampshire

New Hampshire law states that any donor must be medically screened and deemed accaptable as a donor.  N.H. Rev. Stat. Ann. 168-5:14  The women receiving the eggs or embryo donation must  be 21 or over and have been medically evaluated abd received counseling on the procedure.  N.H. Rev. State Ann. 168-B:13  If married the women's husband must receive counseling and be medicallly evaluated and sign a consent to accept the responsibilities of parenthood.  N.H. Rev. State. Ann. 166-B:13(lV)

New Jersey

New Jersey does not address egg donation, but it does address sperm donation

New Mexico

New Mexico follows the 2002 version of the Uniform Parentage Act.  N.M. Stat Ann. 40-11A-701, etseq

New York

In McDonald v. McDonald, 196 A.D. 2d 7, 608 N.Y.S.2d 477 (1994), the New York Court of Appeals held that an egg donor was not the legal mother of a child.  There, a husband S donated sperm that inseminated anonymously donated eggs, which were implanted in the wife.  In the divorce proceedings the husband sought a declaratiion that he was the sole parent of the children.  The court rejected the husband's argument and found the wife who was the gestational mother to be the legal mother of the children.

North Carolina

North Carolina does not address egg donation, but it does address sperm donation

North Dakota

North Dakota follows the 2002 version of the Uniform Parentage Act.  N.D. Cent Code 14-20-59, et seq

Ohio

Ohio law states that the women that gives birth is the natural mother of the child in Ohio.  Ohio Rev. Code Ann. 311.2

Oklahoma

If both husband and wife have a written consent then a child born to them from the use of egg donation is then the legal child of both the husband and wife.   In the state of Oklahoma the egg donor relinquishes all the rights. 10 Okl. St 555

Oregon

Oregon law does not address egg donation, but does address sperm donation

Pennsylvania

Pennsylvania law does not address egg donation

Rhode Island

Rhode Island law does not address egg donation

South Carolina

South Carolina law does not address egg donation

South Dakota

South Dakota law for not address egg donation

Tennessee

In the case of In re C.K.G., 173 S.W. 3d 714 (Tn 2005), the Supreme Court of Tennessee heard a petition from a women to have herself declared the legal mother of the 3 children and award her sole custody and support from the father.  The man and women were an unmarried heterosexual couple and agreed during the course of their relationship to have three children from eggs donated from other women, inseminated with the man's sperms and implanted in the women.  The relationship ended.  The father argued that because there was no genetic relationship with the women she was not the legal mother.  The court disagreed, noting the specific facts of the case.  The couple intended to act as the parents and the woman gave birth to the children.  In this situation the Court found the women to be the legal mother and awarded her custody and support.  The Court also pleased for legislative action on the issue.

TEXAS

Texas follows the 2002 version of the Uniform Parentage Act. Tx Family Code Ann. 160-701, et seq.  Texas requires health insurance to cover certain IVF procedures.  Tx  Ins Code 1366.

Utah

Utah follows the 2002 version of the Uniform Parentage Act.  Utah Code Ann. 160-701, et seq.

Vermont

Vermont laws does not address egg donation

Virginia

Assisted conception in Virginia encompasses all pregancies resulting from intervening medical technology.  Va Code 20-1 56.  The women who gives birth is the natural mother.  Va. Code 20-158(A0(1) The donr whether it is sperm,egg,embryo is not a parent of a child conceived through assisted conception.  Va Code 20-158(A)(3)

Washington

Washington follows the 2002 version of the Uniform Parentage Act.  Wash. Rev. Code 23.700, et seq.

West Virginia

West Virginia law does not address egg donation

Wisconsin

Wisconsin law does not address egg donation, but it does address sperm donation.

Wyoming

Wyoming follows the 2002 version of the Uniform Parentage Act.  Wyo. Stat. Ann 14-2-901, et seq.