How is the jurisdiction for a donor agreement decided ? - Ask The Fertility Lawyer - Forums

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How is the jurisdiction for a donor agreement decided ?

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#1 hwilson

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Posted 25 September 2014 - 12:02 AM

I have the following question.


If a IFV procedure takes place with an egg donor, what determines the Jurisdiction of the legal agreement between donor and recipient ?


e.g. Donor may be from one province/country but travel to donate eggs in another province country or Donor eggs may be collected in one province/country, frozen and then used by recipient in another province/country.


your input is much appreciated.



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#2 ideagirl

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Posted 22 October 2014 - 09:57 AM

I don't know how this works in Canada--you would need to talk to a Canadian fertility/ART lawyer--but in the US it is all done by contract and in the contract the parties (parents and egg donor) include a "choice of law" clause where they agree that the contract will be governed by the law of X state. Typically the state chosen is one that has some connection to the procedure; for instance, in my contract with the donor, we used California because she lived there and the donor agency was located there. However, the main thing is that the state chosen has to be one with favorable laws, so we might have chosen California even if there were no connection to the procedure.