Egg donation is not only a medical process — it’s also a legal arrangement. For Indian intended parents, understanding U.S. laws around egg donation is essential to protect both parents and child. Unlike India, where laws around surrogacy and egg donation are restrictive, the USA provides a clear legal framework that ensures donor anonymity, parental rights, and enforceable contracts.
This blog will break down the key legal issues Indian parents should know before starting an egg donation cycle in the USA.
Egg Donation Contracts – The Foundation of Protection
Why Contracts Are Essential :
- Clearly define the rights and responsibilities of donors, agencies, and parents.
- Ensure the donor has no legal claim to the child.
- Protect parents from future disputes.
Key Elements of the Contract :
- Donor anonymity or identity disclosure terms
- Compensation structure (payment timing, amounts)
- Medical risks and responsibilities
- Number of eggs or cycles donor agrees to complete
- Confidentiality and future contact terms
Parental Rights in the USA
- Once an embryo created from donor eggs is transferred to the mother or surrogate, the intended parents are the legal parents.
- Donors relinquish all parental rights under contract.
- Birth certificates list the intended parents — not the donor.
Donor Anonymity and Identity Disclosure
- Most Indian parents prefer anonymous donors.
- U.S. law allows donors to remain fully anonymous, unless both parties agree otherwise.
- Some programs allow open-identity donation, where the child may contact the donor at age 18.
Compensation & U.S. Legal Standards
- Egg donor compensation is legal and regulated in the USA.
- Payments typically range from $6,000 to $15,000, depending on donor experience and background.
- Indian donors are often at the higher end due to rarity and demand.
- Compensation must be agreed to in writing in the contract.
Citizenship Issues for Babies Born via Egg Donation
- Babies born in the USA automatically receive U.S. citizenship, regardless of donor nationality.
- Indian parents can also apply for Overseas Citizen of India (OCI) status for their child.
- No donor rights exist after birth — only the parents’ names are on the birth certificate.
Comparison – USA vs India Laws
| Aspect | USA | India |
|---|---|---|
| Donor anonymity | Legal and protected | Often restricted |
| Donor compensation | Legal ($6K–$15K) | Illegal or limited |
| Parental rights | Guaranteed by contract | Ambiguous |
| Citizenship for baby | U.S. birthright citizenship | Indian citizenship rules apply |
| Agency support | Widely available | Limited access |
Case Study – Navigating Legal Challenges
Meena and Rakesh, NRIs from Houston, worried about donor rights. Their lawyer explained :
- Donor contracts ensure no parental rights.
- Their names would appear on the birth certificate.
- Their baby would be a U.S. citizen by birth.
This reassurance gave them the confidence to proceed — and today they are proud parents of twin boys.
Testimonials
“Our attorney walked us through every step. We knew we were fully protected.” – L.S., Parent, NY
“The donor contract made everything clear. We never worried about legal disputes.” – K.P., Parent, CA
FAQ
Q : Do egg donors have any legal rights to the child?
Ans : No. Contracts ensure donors relinquish all rights.
Q : Is donor compensation legal in the USA?
Ans : Yes, unlike India, compensation is legal and protected.
Q: Can the donor ever contact the child?
Ans : Only if parents choose an open-identity program.
Q: What if parents live outside the USA?
Ans : Legal contracts still protect them; the baby’s citizenship depends on the place of birth.
Conclusion & Call to Action
For Indian intended parents, the USA offers strong legal protections in egg donation. With proper contracts and experienced legal counsel, families can move forward with confidence, knowing their parental rights are secure.
Get legal and medical guidance today :
Dr. Pooja Patel
Dr. Pooja Patel is a Chief Surrogacy Coordinator at Surrogacy4all. She has 10 years of experience in Anesthesiology and critical care medicine.
She received her medical degree from Seth GS Medical College and K.E.M Hospital in India. She then completed an internship. She finished her Anesthesia residency at Grant Govt Medical College and JJ Group of Hospitals in India.
- Dr. Pooja Patelhttps://blog.indianeggdonors.com/author/dr-pooja/
- Dr. Pooja Patelhttps://blog.indianeggdonors.com/author/dr-pooja/
- Dr. Pooja Patelhttps://blog.indianeggdonors.com/author/dr-pooja/
- Dr. Pooja Patelhttps://blog.indianeggdonors.com/author/dr-pooja/
