San Diego, CA asked in Adoption and Family Law for California

Q: Is there anywhere in the world you can legally be compensated for donating eggs that were electively frozen?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Family Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: The laws regarding compensation for egg donation vary by country and jurisdiction. In the United States, compensation for egg donation is legal and common practice, but specific regulations may vary by state. In some countries, such as the United Kingdom, donors can receive compensation for their time and expenses but not for the actual eggs. It's important to consult with a legal professional and fertility clinic in the specific jurisdiction to understand the laws and regulations regarding egg donation compensation.

In California, the law allows for compensation for egg donors, but with certain restrictions and requirements. Specifically, California law allows for reasonable compensation to be paid to an egg donor for her time, effort, and inconvenience in donating eggs, but prohibits the sale of eggs for profit. Egg donation agencies and clinics in California must adhere to specific guidelines and requirements regarding informed consent, medical screening, and counseling for donors.

Additionally, compensation for egg donation in California may vary depending on a number of factors, including the donor's age, experience, and the number of eggs retrieved. However, compensation for egg donation in California is generally considered to be among the highest in the country.

Here are some relevant California code citations related to egg donation compensation:

California Health and Safety Code section 125320 prohibits the sale of human organs and tissues for transplantation, including eggs.

California Family Code section 7962 sets out the legal requirements for surrogacy agreements in California, which include provisions related to compensation.

California Business and Professions Code section 2242 prohibits physicians from receiving compensation for referring patients for medical services or procedures, including egg donation.

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