Is New York egg donation changing? The Donor-Conceived Person Protection Act
Is New York egg donation changing?
In case you didn’t see this news before the rush of the holidays, lawmakers in New York have proposed the Donor-Conceived Person Protection Act, a piece of legislation that would set new requirements for tissue banks around the collection and verification of donor information.
Let’s break it down.
New York third-party fertility laws
Before we get into the changes proposed by this law, let’s discuss any laws that may affect the egg donation process in New York as it currently stands.
New York is a hub for fertility treatments of all kinds, including egg donation, sperm donation and surrogacy. New York has also recently seen legal changes in surrogacy and other fertility processes.
Egg donation in New York requires legal contracts that establish issues like compensation, parental rights to the child, confidentiality, medical expenses, future contact, and more. These contracts help donors and families navigate the laws that govern gamete donation in New York.
Other legal considerations for egg donation in New York include parentage through second-parent adoption or a Judgment of Parentage for unmarried couples. The Child-Parent Security Act worked to establish legal parental rights for parents who rely on assisted reproductive technology (ART) to have children. And a 2016 Court of Appeals ruling also established custody and visitation requests for non-biologically related parents who jointly planned the conception of a donor-conceived child with the intent to parent.
New York Egg Donation
There are currently no state laws that specifically govern egg donation requirements in New York. The egg donation process in New York is subject to guidance laid out by the FDA and criteria from egg donor agencies and clinics. This usually looks like the below requirements:
- Between 21 and 29 years old
- Physically and mentally healthy
- BMI between 19 and 25
- Regular monthly period cycles
- Not using a hormonal IUD
- Passes physical and mental screenings
- Able/willing to take injectable medication
- Free from sexually transmitted diseases in the previous 1 year
- No history of drug use
- No new tattoos or piercings six months prior to and during the egg donation cycle
What does the Donor-Conceived Person Protection Act propose?
This new law seeks to protect recipient families, children and donors by requiring reproductive tissue banks to collect and verify certain donor information. This information includes medical, educational, and criminal background details.
The Donor-Conceived Person Protection Act would require all sperm, egg, and embryo donors to complete a state-issued standardized form, and information around:
- All medical conditions including genetic disorders, infectious diseases, mental disabilities, and more.
- All serious family medical conditions.
- All medical professionals seen within the past five years.
- All school names, including secondary, postsecondary, and/or graduate schools.
- All criminal felony convictions.
What does this mean for New York egg donation?
This bill has not yet been passed, but it certainly brings up interesting questions and concerns for those pursuing egg donation as donors or intended parents. The prevalence of genetic testing has led to a huge shift in transparency around donor conception in recent years, and we expect this bill becoming law would only further that trend.
It would be helpful for hopeful parents in New York to discuss the potential legal ramifications of this new law with your fertility attorney. We also recommend talking through your strategies for discussing donor conception with your child, so that you are prepared as early as possible.