The “traditional” American family is changing, and assisted reproduction techniques are advancing. One option for an infertile couple is to seek the assistance of an egg donor. Egg donation is the process by which a woman donates her eggs to a recipient couple who wishes to have a child. The donor’s eggs are then fertilized through the in vitro fertilization process, and implanted into the recipient mother.
Currently, no law exists in Illinois that governs egg donation. However, egg donors and recipients commonly hire attorneys to represent each of them in drafting an Egg Donor Contract or Egg Donor Agreement for several reasons. One important reason to hire an attorney is that Illinois law imposes an obligation to pay child support upon the biological parents of a child. Since an egg donor is the biological mother of the resulting child, a written agreement is essential in order to ensure that this is a one-time transaction to donate eggs, and not a lifelong commitment. Many doctors actually require a written agreement before beginning the egg donation process. Egg donors may choose to remain anonymous as well.