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Egg donor changed mind


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#1 Baby girl

Baby girl
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  • 56 posts
  • Gender:Female
  • Location:Toronto
  • Dx:Endometriosis
  • My Clinic:TRIO/TCART

Posted 21 October 2016 - 04:34 AM

Hi Sherry 

 

I am still waiting to hear back from my lawyer but I thought in the mean time I could ask you.  What are my chances if I didn't have a lawyer before.  My sister donated her eggs to me through TCART and we signed papers there.  Now its been over two years and she doesn't want me to use her eggs again. We just had a baby girl using the donor egg and my husbands sperm.  We have frozen embryos.  We thought one more and that would be it.  We are getting older and don't have time to waste.  Can she stop us legally?



#2 SherryLevitan

SherryLevitan
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  • Gender:Female
  • Location:Toronto
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Posted 21 October 2016 - 08:50 AM

Hi Baby Girl,

 

Congratulations on your daughter, but sorry to hear your troubles now. The federal legislation contains some hard to understand regulations about consent, and the ability to withdraw consent. My hope is that you entered into an ovum donation agreement with your sister prior to the retrieval, and, if so, that it dealt with the passing of property. In my agreements, it is clear that you become the "owner" of the eggs immediately upon retrieval and then you can control the eggs and any embryos created with the eggs. That would mean that your sister could not change her mind at this point. Did you have that type of  agreement?

SL



#3 Baby girl

Baby girl
  • Member
  • 56 posts
  • Gender:Female
  • Location:Toronto
  • Dx:Endometriosis
  • My Clinic:TRIO/TCART

Posted 22 October 2016 - 10:21 PM

Hi Sherry, we used the forms the clinic gave us to sign. It does state in them that any child or children produced would be our responsibility. So I think that is one positive. The other forms we were not allowed to see because my sister signed them. So I don't know what they say. I asked for a blank copy which I was also not allowed not sure why. I had two transfers and my sister only signed her papers the very first and only time. So I am assuming that we can use our embryos without her continued consent as she must have given this to us already. I am still waiting to hear back from the lawyer. Still unsure where we stand legally.