Egg/Sperm Donors

Under Texas law, donors are not parents, but it is important to ensure you meet the legal requirements of a donor as defined by the Texas Family Code section 160.102(6):

“Donor” means an individual who provides eggs or sperm to a licensed physician to be used for assisted reproduction, regardless of whether the eggs or sperm are provided for consideration. The term does not include:

(A)  a husband who provides sperm or a wife who provides eggs to be used for assisted reproduction by the wife;
(B)  a woman who gives birth to a child by means of assisted reproduction; or
(C)  an unmarried man who, with the intent to be the father of the resulting child, provides sperm to be used for assisted reproduction by an unmarried woman, as provided by Section 160.7031.

Egg donation will always involve at least one contract and possibly more than one if you use an egg donor program. Sperm donation may also involve a contract, especially if you are not working with a sperm bank or similar program. Even if you are working with a donor program/service, you should consider having an experienced attorney like Jenny draw up a contract between the donor and the intended parents, especially for egg donation. Certainly before signing any contracts, you should consider consulting an attorney like Jenny.

Embryo donation is considered “assisted reproduction” in the Texas Family Code and is not an adoption process in Texas. Embryo donation should be treated similar to an egg donation and involve the appropriate legal documentation to effectuate the donation.

Please contact Jenny for guidance regarding your unique donation situation.