Once sperm, eggs and/or embryos are donated, do the recipients have complete discretion over their use or disposition?
In California, it is “unlawful for anyone to knowingly use sperm, ova, or embryos in assisted reproduction technology, for any purpose other than that indicated by the sperm, ova or embryo provider‚s signature on a written consent form.” California Penal Code, Section 367(g). Accordingly, the recipients of sperm, eggs and/or embryos are restricted in their use and/or ultimate disposition (i.e., donation for own use only, cryopreservation for future use, donation to research, donation for conception, and/or destruction). It is therefore critical that the parties have a very specific and clear contract, prepared by qualified and experienced legal counsel from ACFFL/ACAL.
