Protection of Donor’s Rights and Interests
It is known that a lot legal questions can arise concerning donor programme conduction. In a donor agreement it should be clearly stated that a donor resigns parental rights. An agreement stipulates that children, who are born from donor gametes, are parents’ children on legal grounds. Donor can not pay alimony. They have the right to privacy.
Special attention should be paid to protection of egg (oocyte) donors’ rights and interests. Couples, who use donor eggs, cover all charges concerning examination and stimulation procedure conduction and egg retrieval. Usually intended parents shall pay for the whole procedure including medications cost, additional expenses in case of complications arisen when egg retrieving (oocyte donation). These complications can include bleeding, infection, and injury to urinary bladder or pelvic organs. Donor’s complication insurance is possible.
Usually a donor receives fixed compensation for the services delivered. Precise pay amount should be concerted in an agreement, which a donor conclude with an agency and a medical establishment. Subject to agreement peculiarities payment can be effected in different ways: in stages (prepayment – when concluding of an agreement, and rest – when egg retrieving). Parties of such agreements fix penalty provisions which are made in case of non-fulfillment of agreement obligations. In practice for non-fulfillment of payment obligations penalty is established – flat fee or percentage wise of compensatory amount.
