Egg & Sperm Donation Laws by State (2026)
Last reviewed: 2026-06-12
This guide summarizes the legal status of egg (oocyte) and sperm donation across all 50 states, the District of Columbia, and Puerto Rico. Compensated donation is broadly practiced nationwide; this guide notes where a state statute expressly addresses donor parentage — confirming that a donor is not a legal parent of the resulting child — and where specific restrictions or conditions apply.
Not legal advice
This guide is general information, not legal advice, and has not been reviewed by an attorney. Surrogacy, parentage, and donation laws differ substantially from state to state, change frequently, and can carry criminal as well as civil consequences in some states. Before entering into any arrangement or relying on anything here, consult a lawyer licensed in the relevant state. See our full disclaimer.
Egg & sperm donation law by state
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| State | Compensated donation | Donor non-parentage authority |
|---|---|---|
| Alabama | Permitted | Ala. Code § 26-17-702 |
| Alaska | Permitted | By contract / not codified |
| Arizona | Permitted | By contract / not codified |
| Arkansas | Permitted | By contract / not codified |
| California | Permitted | Cal. Fam. Code § 7613 (donor not a parent when gametes provided during assisted conception) |
| Colorado | Permitted | C.R.S. § 19-4-106 (Assisted Reproduction); C.R.S. § 19-4.5-101 et seq. (Surrogacy Agreement Act) |
| Connecticut | Permitted | Conn. Gen. Stat. § 46b-521 et seq. (CPA provides that any egg, sperm, or embryo donor has no legal rights or interest in a resulting child) |
| Delaware | Permitted | 13 Del. C. § 8-803 (donor is not a parent of child conceived by assisted reproduction) |
| District of Columbia | Permitted | D.C. Code § 16-401 et seq. (definitions cover gamete providers; donor not deemed a parent) |
| Florida | Permitted, with conditions | Fla. Stat. § 742.14 |
| Georgia | Permitted | Ga. Code Ann. § 19-8-41 |
| Hawaii | Permitted | 2025 Haw. Sess. Laws Act 298 (new HRS UPA ch., Part VIII, § -802) — replaces repealed HRS ch. 584 |
| Idaho | Permitted | By contract / not codified |
| Illinois | Permitted | 750 ILCS 46/Art. 7 (Illinois Parentage Act of 2015) — donor is not a parent of a child conceived by means of assisted reproduction |
| Indiana | Permitted | By contract / not codified |
| Iowa | Permitted | By contract / not codified |
| Kansas | Permitted | By contract / not codified |
| Kentucky | Permitted | By contract / not codified |
| Louisiana | Permitted, with conditions | La. Rev. Stat. § 9:122 (prohibits sale of human ovum, fertilized human ovum, or human embryo) |
| Maine | Permitted | Me. Rev. Stat. Ann. tit. 19-A, ch. 61 (donor parental rights disclaimed; donors retain no parental rights under valid donor agreement) |
| Maryland | Permitted | Md. Code, Est. & Trusts § 1-208; Md. Code, Fam. Law § 5-1001 |
| Massachusetts | Permitted | G.L. c. 209C (2025) (donor shall not be a parent of a child conceived through assisted reproduction based on genetic connection alone) |
| Michigan | Permitted | MCL 722.1701 et seq. (2024 PA 24) — donor is not a parent of a child conceived by assisted reproduction |
| Minnesota | Permitted | Minn. Stat. § 257E.21 (donor is not a parent of a child conceived by assisted reproduction) |
| Mississippi | Unclear | By contract / not codified |
| Missouri | Permitted | Mo. Ann. Stat. § 210.824 (sperm donor non-parentage; extended to egg donors by White v. White, 293 S.W.3d 1, Mo. Ct. App. 2009) |
| Montana | Permitted | By contract / not codified |
| Nebraska | Permitted | By contract / not codified |
| Nevada | Permitted | NRS 126.660 (donor has no parental rights to child resulting from assisted reproduction) |
| New Hampshire | Permitted | N.H. Rev. Stat. Ann. § 168-B:2(III) (2023) (donor is not a parent of a child conceived through assisted reproduction) |
| New Jersey | Permitted | N.J. Stat. Ann. § 9:17-68 (donors of sperm or egg have no parental rights over donated gametes or resulting child) |
| New Mexico | Permitted | N.M. Stat. Ann. § 40-11A-702 |
| New York | Permitted | N.Y. Fam. Ct. Act § 581-401 (donor not a parent absent agreement to parent) |
| North Carolina | Permitted | By contract / not codified |
| North Dakota | Permitted | N.D. Cent. Code § 14-20-60 |
| Ohio | Permitted | S.N. v. M.B., 188 Ohio App.3d 324, 2010-Ohio-2479 (Franklin County App. Ct.) |
| Oklahoma | Permitted | By contract / not codified |
| Oregon | Permitted | Oregon Laws 2025, ch. 592, §§ 84–88 (UPA art. 9: gamete bank/fertility clinic collection, recordkeeping, and disclosure duties); formerly ORS 109.239 (repealed) |
| Pennsylvania | Permitted | By contract / not codified |
| Puerto Rico | Unclear | Cód. Civ. P.R. 2020 Arts. 76–77 (donation of gametes is a permitted object of contract; remuneration ban covers organs, blood, plasma, tissues — gametes omitted) |
| Rhode Island | Permitted | R.I. Gen. Laws § 15-8.1-702 (donor is not a parent of a child conceived through assisted reproduction; exception where gametes are provided for one's spouse) |
| South Carolina | Permitted | By contract / not codified |
| South Dakota | Permitted | By contract / not codified |
| Tennessee | Permitted | By contract / not codified |
| Texas | Permitted | By contract / not codified |
| Utah | Permitted, with conditions | Utah Code § 81-5 (Uniform Parentage Act, Title 81 ch. 5; renumbered from Title 78B ch. 15 eff. Sept. 1, 2025; written agreement and informed consent required) |
| Vermont | Permitted | 15C V.S.A. § 801 et seq. (donor is not a parent of a child conceived through assisted reproduction) |
| Virginia | Permitted | By contract / not codified |
| Washington | Permitted | RCW 26.26A.605 |
| West Virginia | Permitted | By contract / not codified |
| Wisconsin | Permitted | Wis. Stat. § 891.40 (sperm donation; read gender-neutrally per Torres v. Seemeyer, 207 F. Supp. 3d 905 (W.D. Wis. 2016)) |
| Wyoming | Permitted | WY Stat. § 14-2-902 (donor has no parental rights) |
State-by-state detail
Alabama
Alabama statute § 26-17-702 confirms egg donors are not parents when donation occurs through a licensed physician. Compensated donation is permitted without specific restriction. The 2024 embryo-personhood ruling and subsequent IVF protection legislation (SB 159 (2024)) may warrant monitoring for downstream effects on egg donation practice.
Restrictions: Egg donors have no parental rights as long as donation occurs through a licensed physician (§ 26-17-702). No statute restricts compensation. The 2024 LePage embryo-personhood ruling creates theoretical uncertainty about the status of fertilized eggs/embryos, but the subsequent IVF protection statute (SB 159 (2024), signed Mar. 6, 2024) was designed to protect IVF providers and participants.
Donor non-parentage authority: Ala. Code § 26-17-702
Sources: creativefamilyconnections.com
Alaska
Alaska permits compensated egg donation. No specific statute addresses egg donation or restricts donor compensation; the process is governed entirely by written donor agreements under general contract principles.
Restrictions: No Alaska statute specifically governs egg donation or restricts compensation. Donor agreements governed by contract law.
Arizona
Arizona has no statute governing egg donation. Compensated egg donation is practiced under general contract principles, and donor agreements typically include a waiver of parental rights. No published case law restricts compensation or donor parental claims.
Restrictions: No Arizona statute specifically addresses egg donation. Donor agreements are governed by general contract law. No statutory cap on compensation; amounts are set in the donor agreement.
Arkansas
Arkansas has no specific egg donation statute restricting compensation. Egg donors are treated as non-parents under statutory and case-law interpretation. Compensated donation is routinely practiced.
Restrictions: No Arkansas statute restricts egg donor compensation. Donors are not legal parents to resulting children under case law and statutory interpretation of § 9-10-201.
Sources: creativefamilyconnections.com
California
Compensated egg donation is fully permitted and widely practiced. California law explicitly provides that neither an egg donor nor a sperm donor is a parent when gametes are provided for assisted conception. Donor facilitator fee arrangements are regulated under § 7961.
Restrictions: No statutory compensation cap. Donor facilitators (non-attorney agencies) must hold compensation in bonded escrow or attorney trust accounts per Cal. Fam. Code § 7961. ASRM guidelines followed by clinics as professional standard. California also maintains a donor identity-disclosure regime under Cal. Health & Safety Code §§ 1644.2–1644.3 (AB 785, eff. 2020; amended AB 1896, 2022): licensed gamete banks must collect donor identity and medical information, a donor-conceived person may obtain the donor's identity at age 18 unless the donor signed (and did not withdraw) a non-disclosure declaration, and non-identifying medical information is available regardless.
Donor non-parentage authority: Cal. Fam. Code § 7613 (donor not a parent when gametes provided during assisted conception)
Sources: leginfo.legislature.ca.gov, leginfo.legislature.ca.gov
Colorado
Colorado permits compensated egg donation. C.R.S. § 19-4-106 governs assisted reproduction parentage, and C.R.S. § 19-4.5-101 et seq. addresses donor rights in the surrogacy context. The 2022 Donor-Conceived Persons Protection Act (SB 22-224) added a registry and a 10-family anonymous donor limit but did not restrict compensation.
Restrictions: No statutory cap on compensation (clinic-imposed limits may apply; ASRM guidelines suggest up to ~$10,000). SB 22-224 (2022) created protections for donor-conceived persons including a registry and limits on the number of families that can use one donor (10-family limit per donor for anonymous donors). HB25-1259 (signed May 30, 2025; ch. 304) further amended the donor/gamete-bank framework — adding IVF protections and modifying donor medical-history and disclosure duties, and removing some SB22-224 recipient-notice and out-of-state-inspection provisions — while leaving the 10-family limit and registry core intact; the Surrogacy Agreement Act was unchanged.
Donor non-parentage authority: C.R.S. § 19-4-106 (Assisted Reproduction); C.R.S. § 19-4.5-101 et seq. (Surrogacy Agreement Act)
Sources: leg.colorado.gov, leg.colorado.gov, koupallaw.com, leg.colorado.gov
Connecticut
Compensated egg donation is permitted in Connecticut with no statutory restriction on compensation. The Connecticut Parentage Act explicitly eliminates any parental claims by gamete donors.
Restrictions: No statutory compensation cap. No state-specific egg donation statute beyond the CPA's parental rights disclaimer.
Donor non-parentage authority: Conn. Gen. Stat. § 46b-521 et seq. (CPA provides that any egg, sperm, or embryo donor has no legal rights or interest in a resulting child)
Sources: cga.ct.gov, creativefamilyconnections.com
Delaware
Delaware's Gestational Carrier Agreement Act expressly provides that 'a donor is not a parent of a child conceived by means of assisted reproduction' (gender-neutral language covering egg donors). Compensated egg donation is legal and unregulated as to amount. A 2023 amendment (SB 250) added donor information disclosure requirements for gamete banks and fertility clinics but did not restrict compensation.
Restrictions: No statutory compensation cap. Donors are expressly excluded from parenthood by statute. Independent legal counsel required for all parties in a gestational carrier agreement.
Donor non-parentage authority: 13 Del. C. § 8-803 (donor is not a parent of child conceived by assisted reproduction)
Sources: delcode.delaware.gov, legis.delaware.gov, creativefamilyconnections.com
District of Columbia
DC's Collaborative Reproduction statute (D.C. Code §§ 16-401 to 16-412) provides a clear framework under which egg donors have no parental rights and may be compensated. No separate egg donation compensation statute exists and no cap is imposed. DC is one of the most permissive jurisdictions in the region for both surrogacy and egg donation.
Restrictions: No statutory cap on egg donor compensation. The Collaborative Reproduction chapter's definitions establish that a gamete provider/donor who does not intend to parent has no parental rights. Agreements governed by §§ 16-401 to 16-412 framework.
Donor non-parentage authority: D.C. Code § 16-401 et seq. (definitions cover gamete providers; donor not deemed a parent)
Sources: code.dccouncil.gov, adoptionart.org
Florida
Florida Statute § 742.14 expressly governs egg, sperm, and pre-embryo donation: donors relinquish all parental rights, children born to recipients within wedlock are irrebuttably presumed the recipients' child, and compensation must be 'reasonable' and directly related to the donation process. Florida is one of a minority of states with a specific egg donation statute, providing relatively strong legal certainty for donors and recipients.
Restrictions: Section 742.14 requires donors to relinquish all parental rights. Compensation must be 'reasonable' and 'directly related to the donation' — the statute does not authorize open-ended payment. Written agreement with independent legal review for the donor is required.
Donor non-parentage authority: Fla. Stat. § 742.14
Sources: flsenate.gov
Georgia
Georgia's OCGA § 19-8-41 provides that children resulting from donated eggs, sperm, or embryos are presumed to be the intended parents' child, and donors who relinquish rights at IVF have no parental standing. Compensated egg donation is permitted with no statutory limit on compensation. Written donor agreements are standard practice.
Restrictions: Section 19-8-41 presumes any child born from donated gametes is the child solely of the intended parents; egg and sperm donors who relinquished rights in connection with IVF have no parental claims. No statutory cap on compensation.
Donor non-parentage authority: Ga. Code Ann. § 19-8-41
Sources: law.justia.com, creativefamilyconnections.com
Hawaii
Act 298 (eff. Jan. 1, 2026) codifies unconditional donor non-parentage in Hawaii at new UPA § -802: a donor is not a parent of a child conceived by assisted reproduction, with no licensed-physician or written-agreement precondition. This replaces the framing under the repealed HRS ch. 584. No restriction on compensation amounts has been identified.
Restrictions: New UPA § -802 (eff. 1/1/2026): a donor is not a parent of a child conceived by assisted reproduction — unconditional; no licensed-physician or written-agreement precondition. No statutory compensation cap.
Donor non-parentage authority: 2025 Haw. Sess. Laws Act 298 (new HRS UPA ch., Part VIII, § -802) — replaces repealed HRS ch. 584
Sources: data.capitol.hawaii.gov, divorce.law, humanservices.hawaii.gov
Idaho
Idaho permits compensated egg donation. No specific statute addresses egg donation; the process is governed by written donor agreements under general contract principles. No compensation restrictions exist in statute.
Restrictions: No Idaho statute specifically governs egg donation or restricts compensation. Donor agreements are governed by contract law.
Illinois
Under the Illinois Parentage Act of 2015, egg and sperm donors are explicitly not parents of children conceived by assisted reproduction. Compensated egg donation is permitted and widely practiced in Illinois without identified statutory restrictions.
Restrictions: No restriction on compensation identified in statute
Donor non-parentage authority: 750 ILCS 46/Art. 7 (Illinois Parentage Act of 2015) — donor is not a parent of a child conceived by means of assisted reproduction
Sources: creativefamilyconnections.com, ilga.gov
Indiana
Indiana has no statute addressing egg donor parental rights. Compensated egg donation is practiced and donors typically waive parental rights by contract; however, absent statutory protection, the legal standing of donor agreements is based on general contract principles and judicial discretion.
Restrictions: No Indiana statute addresses egg donor parental rights. Donors generally have no parental rights when agreements waiving rights are signed before donation, but this rests on practice and contract principles, not statute.
Sources: creativefamilyconnections.com, americansurrogacy.com
Iowa
Iowa has no statute or published case law specifically addressing egg donor parental rights. Compensated egg donation is practiced, with donor agreements used to establish that donors have no parental rights. The legal basis rests on contract principles and the general framework established by P.M. v. T.B., not on express statutory protection.
Restrictions: No Iowa statute or published case law specifically addresses egg donor parental rights; donor agreements are used in practice to extinguish parental claims
Sources: creativefamilyconnections.com
Kansas
Kansas has no specific egg donation statute. Compensated donation is permitted under general contract law. Donors are treated as non-parents when donation occurs through a licensed physician under the Kansas Parentage Act.
Restrictions: Under the Kansas Parentage Act, egg and sperm donors do not have parental rights when donation occurs through a licensed physician. No Kansas statute restricts egg donor compensation.
Sources: americansurrogacy.com
Kentucky
Kentucky has no statute or published case law specifically addressing egg donor parental rights. Compensated egg donation is practiced without identified legal restriction; courts generally honor donor agreements waiving parental claims, but there is no express statutory protection.
Restrictions: No Kentucky statute or published case law addresses egg donor parental rights; donor agreements extinguishing parental claims are used in practice and generally honored by courts
Sources: creativefamilyconnections.com, americansurrogacy.com
Louisiana
Louisiana's RS 9:122 expressly prohibits the sale of human ova, fertilized ova, or embryos. In practice, egg donors receive compensation framed as payment for time and physical discomfort rather than for the egg itself — a distinction that lacks statutory or judicial clarification. The legal basis for this compensation approach is unconfirmed by published Louisiana case law or a formal attorney general opinion.
Restrictions: La. Rev. Stat. § 9:122 prohibits the 'sale' of a human ovum, fertilized ovum, or embryo. Egg donors in Louisiana may be compensated for their time and physical discomfort from the retrieval procedure, but not for the ovum itself. The distinction between prohibited 'sale' and permitted 'time/discomfort compensation' is a legal gray area: RS 9:122 does not itself draw this distinction, contains no definition of 'sale' and no time/discomfort carve-out, and no Louisiana AG opinion or published case addresses donor compensation under 9:121–9:123 — the interpretation comes from practitioner guidance, which conflicts. Fertility clinics operating in Louisiana do offer donor compensation in the $6,000–$15,000 range framed as time-and-discomfort reimbursement.
Donor non-parentage authority: La. Rev. Stat. § 9:122 (prohibits sale of human ovum, fertilized human ovum, or human embryo)
Sources: legis.la.gov, biotech.law.lsu.edu, law.justia.com, thedonorsolution.com
Maine
Compensated egg donation is permitted in Maine. The Maine Parentage Act provides that donors do not retain parental rights when a valid donor agreement is in place. No state-imposed compensation limits apply.
Restrictions: No statutory compensation cap. No Maine-specific egg donation statute beyond the Parentage Act's donor parental rights disclaimer.
Donor non-parentage authority: Me. Rev. Stat. Ann. tit. 19-A, ch. 61 (donor parental rights disclaimed; donors retain no parental rights under valid donor agreement)
Sources: mainelegislature.org, creativefamilyconnections.com
Maryland
Maryland explicitly excludes gamete donors from the statutory definitions of 'father' and 'mother' (Md. Code, Fam. Law § 5-1001), providing a clear legal basis for egg donation agreements. Compensated egg donation is legal and routinely practiced. No dedicated egg donation regulatory statute sets compensation limits.
Restrictions: No statutory cap on compensation. Donors excluded from parental definitions by statute. Governed by contract and ASRM guidelines.
Donor non-parentage authority: Md. Code, Est. & Trusts § 1-208; Md. Code, Fam. Law § 5-1001
Sources: creativefamilyconnections.com, adoptionart.org
Massachusetts
Compensated egg donation is permitted in Massachusetts. The 2024 Parentage Act (eff. Jan. 1, 2025) codifies that a gamete donor is not a parent by virtue of genetic contribution. No state-imposed compensation limits exist.
Restrictions: No statutory compensation cap. No Massachusetts-specific egg donation statute beyond the 2025 Parentage Act's donor parental rights disclaimer.
Donor non-parentage authority: G.L. c. 209C (2025) (donor shall not be a parent of a child conceived through assisted reproduction based on genetic connection alone)
Michigan
Under 2024 PA 24, egg donors in Michigan are explicitly not considered parents of children conceived through assisted reproduction, whether via surrogacy or otherwise. Compensated egg donation is permitted under the new statutory framework.
Restrictions: No identified restrictions on compensation; donor parental rights extinguished by statute
Donor non-parentage authority: MCL 722.1701 et seq. (2024 PA 24) — donor is not a parent of a child conceived by assisted reproduction
Minnesota
Minnesota Statutes § 257E.21 (enacted 2024) provides that a donor is not a parent of a child conceived by assisted reproduction, covering both sperm and egg donors. Chapter 257E also adds an Oregon-style age-18 identifying-information disclosure regime for gametes collected on or after the effective date. Compensated egg donation is practiced in Minnesota without an identified statutory compensation restriction.
Restrictions: Under Minn. Stat. § 257E.21 (enacted 2024), a donor is not a parent of a child conceived by assisted reproduction. Chapter 257E also establishes a fertility-clinic collection, privacy-election, and age-18 identifying-information disclosure regime for gametes collected on or after the chapter's effective date. No identified restriction on compensation.
Donor non-parentage authority: Minn. Stat. § 257E.21 (donor is not a parent of a child conceived by assisted reproduction)
Sources: creativefamilyconnections.com, revisor.mn.gov
Mississippi
Mississippi has no egg donation statute. Compensated donation is practiced under general contract law without any state-specific prohibition or regulatory framework.
Restrictions: No Mississippi statute or published case law addresses egg donor rights, compensation, or agreements. Compensated donation is practiced without specific legal prohibition or authorization.
Sources: creativefamilyconnections.com
Missouri
Missouri's sperm donation statute (§ 210.824) was extended to egg donors by the Missouri Court of Appeals in White v. White (2009), establishing that egg donors are not legal parents of resulting children. Compensated egg donation is practiced. The protection for egg donors is grounded in an intermediate appellate court ruling extending the donor statute, not a free-standing egg donation statute.
Restrictions: Statute literally covers sperm donation for artificial insemination of a married woman; egg donation protection rests on the 2009 White appellate extension, not express statutory text
Donor non-parentage authority: Mo. Ann. Stat. § 210.824 (sperm donor non-parentage; extended to egg donors by White v. White, 293 S.W.3d 1, Mo. Ct. App. 2009)
Sources: adoptionart.org, creativefamilyconnections.com, revisor.mo.gov
Montana
Montana permits compensated egg donation. No specific statute addresses egg donation; donor agreements are governed by contract law. Montana Code Ann. § 40-6-106 addresses paternity in medically assisted insemination contexts within marriage but does not regulate donor compensation.
Restrictions: No Montana statute specifically governs egg donation or restricts compensation.
Nebraska
Nebraska's prohibition on surrogacy contracts does not extend to egg donation. Compensated egg donation is practiced in Nebraska without specific statutory restriction or prohibition. Donor parental rights are addressed by contract rather than statute.
Restrictions: No Nebraska statute restricts egg donor compensation. The surrogacy contract void statute (§ 25-21,200) applies to contracts for bearing a child, not to egg donation agreements. No statutes or case law address egg donor parental rights specifically.
Sources: americansurrogacy.com, everiedonation.com
Nevada
Nevada permits compensated egg donation. NRS 126.660 provides that donors of sperm or eggs have no parental rights or obligations to any resulting child. No statute restricts compensation amounts.
Restrictions: No statutory cap on compensation. NRS 126.660 establishes that egg donors have no parental rights or obligations.
Donor non-parentage authority: NRS 126.660 (donor has no parental rights to child resulting from assisted reproduction)
Sources: leg.state.nv.us, eggdonors4all.com
New Hampshire
Compensated egg donation is permitted in New Hampshire. RSA 168-B expressly provides that a gamete donor is not a parent of any resulting child. No state-imposed compensation limits apply.
Restrictions: No statutory compensation cap. No state-specific egg donation statute beyond RSA 168-B's donor parental rights disclaimer.
Donor non-parentage authority: N.H. Rev. Stat. Ann. § 168-B:2(III) (2023) (donor is not a parent of a child conceived through assisted reproduction)
Sources: gc.nh.gov, creativefamilyconnections.com
New Jersey
Compensated egg donation is permitted in New Jersey with no statutory cap. The Gestational Carrier Agreement Act explicitly provides that gamete donors have no parental rights or obligations as to any resulting child.
Restrictions: No statutory compensation cap for egg donation. Donor parental rights are expressly disclaimed under the Act.
Donor non-parentage authority: N.J. Stat. Ann. § 9:17-68 (donors of sperm or egg have no parental rights over donated gametes or resulting child)
Sources: creativefamilyconnections.com, gmlaw.com
New Mexico
New Mexico's UPA codifies donor non-parentage at § 40-11A-702, providing strong statutory protection for intended parents and donors alike. Compensated egg donation is permitted with no statutory cap; amounts are set by contract. A written donor agreement is standard practice.
Restrictions: Section 40-11A-702 expressly provides that donors of eggs, sperm, or embryos are not parents of children conceived by assisted reproduction. No statutory compensation cap for egg donors.
Donor non-parentage authority: N.M. Stat. Ann. § 40-11A-702
Sources: creativefamilyconnections.com, americansurrogacy.com
New York
Compensated egg donation for reproductive purposes is permitted in New York with no statutory compensation cap. The CPSA clarifies that known donors are not parents absent a parenting intent agreement. A separate and inapplicable $10,000 stem-cell-research cap is sometimes incorrectly cited as a general limit.
Restrictions: No statutory cap on egg donor compensation in New York law for reproductive purposes. A separate Empire State Stem Cell Board policy caps compensation at $10,000 for oocyte donation for research purposes only — this does not apply to reproductive donation. ASRM ethical guidelines followed by clinics (the post-2016 ASRM ethics opinion no longer sets a fixed dollar cap). New York Department of Health guidelines on ova donation exist but set process standards, not a compensation ceiling for reproductive donation.
Donor non-parentage authority: N.Y. Fam. Ct. Act § 581-401 (donor not a parent absent agreement to parent)
Sources: health.ny.gov, creativefamilyconnections.com
North Carolina
North Carolina has no egg donation statute. Compensated donation is permitted by contract with no statutory limit. There is no statutory confirmation of donor non-parentage, so the parental rights waiver rests entirely on the donor agreement.
Restrictions: No North Carolina statute or published case law addresses egg donor parental rights or compensation limits. Donor agreements operate under general contract law.
Sources: creativefamilyconnections.com, adoptionart.org
North Dakota
North Dakota's UPA codifies at § 14-20-60 that egg, sperm, and embryo donors have no parental rights. Compensated egg donation is permitted by contract; the statute imposes no compensation limits. Donor agreements are established practice.
Restrictions: Section 14-20-60 expressly states that a donor is not a parent of a child conceived by means of assisted reproduction. No statutory compensation cap for egg donors.
Donor non-parentage authority: N.D. Cent. Code § 14-20-60
Sources: creativefamilyconnections.com, ndlegis.gov
Ohio
Ohio has no egg-donation statute. The 2010 Franklin County appellate decision S.N. v. M.B. held that neither sperm nor egg donors are parents of a resulting child. Compensated egg donation is practiced without restriction; written donor agreements are standard practice to extinguish parental claims.
Restrictions: No prohibitory statute; case law (S.N. v. M.B., Franklin County) held egg donors are not legal parents. Statewide application not guaranteed by appellate decision alone; written donor agreements advised.
Donor non-parentage authority: S.N. v. M.B., 188 Ohio App.3d 324, 2010-Ohio-2479 (Franklin County App. Ct.)
Sources: supremecourt.ohio.gov, creativefamilyconnections.com
Oklahoma
Oklahoma has no statute restricting egg donor compensation. The Gestational Agreement Act treats donors as non-parents. Compensated donation is practiced under contract law without specific statutory restriction.
Restrictions: No Oklahoma statute restricts egg donor compensation. Donors are not parents to resulting children under the Act when donation occurs through licensed physicians.
Sources: surrogatefirst.com
Oregon
Oregon permits compensated egg donation. The 2025 parentage statute (SB 163) imposes collection, recordkeeping, and mandatory age-18 identity-disclosure duties on gamete banks and fertility clinics for gametes collected on or after Sept. 26, 2025, replacing the narrower ORS 109.239. No statute restricts compensation amounts.
Restrictions: No cap on donor compensation. For gametes collected on or after Sept. 26, 2025, gamete banks/fertility clinics must collect donor identifying information and medical history and must disclose the donor's identifying information to a donor-conceived person at age 18 on request (ch. 592, §§ 85–87) — no donor anonymity opt-out was enacted.
Donor non-parentage authority: Oregon Laws 2025, ch. 592, §§ 84–88 (UPA art. 9: gamete bank/fertility clinic collection, recordkeeping, and disclosure duties); formerly ORS 109.239 (repealed)
Sources: oregonlegislature.gov, law.justia.com
Pennsylvania
Pennsylvania has no dedicated egg donation statute. Compensated egg donation is legal and practiced under contract law. The Pennsylvania Supreme Court's Ferguson v. McKiernan (2007) decision, validating gamete donor agreements as a matter of contract, provides the closest analogous legal authority. No appellate case has specifically addressed egg donor agreements.
Restrictions: No dedicated egg donation statute. Ferguson v. McKiernan (Pa. 2007) established enforceability of gamete donor agreements in the sperm donor context; egg donation is governed by contract under the same principles. No statutory compensation cap; ASRM guidelines followed by clinics.
Puerto Rico
Puerto Rico's 2020 Civil Code makes gamete donation a permitted object of contract (Art. 76), and the Art. 77 ban on remuneration for organs, blood, plasma, and tissues does not mention gametes — leaving egg-donor compensation neither expressly authorized nor prohibited. Fertility clinics operate on the island and egg donation is practiced, but the compensation-practice claim is unverified pending consultation with a Puerto Rico-licensed reproductive law attorney.
Restrictions: Puerto Rico's 2020 Civil Code (Law 55-2020) treats gamete donation as a permitted object of contract (Art. 76); the Art. 77 remuneration ban covers organs, blood, plasma, and tissues only, omitting gametes — so donor compensation is neither expressly authorized nor prohibited. No dedicated egg donation statute or compensation-practice authority was identified.
Donor non-parentage authority: Cód. Civ. P.R. 2020 Arts. 76–77 (donation of gametes is a permitted object of contract; remuneration ban covers organs, blood, plasma, tissues — gametes omitted)
Sources: lexjuris.com, lexjuris.com, prfertility.com, law.uh.edu
Rhode Island
Compensated egg donation is permitted in Rhode Island. The Rhode Island UPA provides at § 15-8.1-702 that a donor is not a parent of a child conceived through assisted reproduction, with an exception where gametes are provided for one's spouse.
Restrictions: No statutory compensation cap. No state-specific egg donation statute beyond the UPA donor parental rights disclaimer.
Donor non-parentage authority: R.I. Gen. Laws § 15-8.1-702 (donor is not a parent of a child conceived through assisted reproduction; exception where gametes are provided for one's spouse)
Sources: creativefamilyconnections.com, webserver.rilegislature.gov
South Carolina
South Carolina has no egg donation statute. Compensated donation is permitted by contract with no statutory cap. Parental rights of donors are extinguished by agreement, with no statutory confirmation of non-parentage.
Restrictions: No South Carolina statute or published case law addresses egg donor parental rights or compensation. Donor agreements are governed by general contract law.
Sources: creativefamilyconnections.com, adoptionart.org
South Dakota
South Dakota has no egg donation statute. Compensated donation is permitted by contract, with no statutory cap. Parental rights of donors are extinguished by the donor agreement, though there is no statutory backstop confirming non-parentage.
Restrictions: No statute or case law addresses egg donor parental rights or compensation in South Dakota. Donor agreements operate under general contract law.
Tennessee
Tennessee has no egg donation statute. Compensated donation is practiced under general contract law without any specific state prohibition.
Restrictions: No Tennessee statute restricts egg donor compensation. Donors are generally treated as non-parents under contract and case law. No specific Tennessee egg donation statute exists.
Sources: surrogatefirst.com
Texas
Texas has no statute restricting compensation for egg donors. Donors used in gestational agreements relinquish parental rights by statute. Compensated donation is practiced without specific legal prohibition.
Restrictions: No Texas statute specifically caps or prohibits egg donor compensation. Donors used in gestational agreements relinquish all parental rights under § 160.754. Compensation governed by contract law; ASRM guidelines applied in practice.
Utah
Utah permits compensated egg donation with a requirement for written agreements and informed consent. No statute restricts the amount of compensation. Donor parental rights are severed by the written agreement.
Restrictions: Written donor agreement and informed consent are required under state law. No statutory cap on compensation amounts.
Donor non-parentage authority: Utah Code § 81-5 (Uniform Parentage Act, Title 81 ch. 5; renumbered from Title 78B ch. 15 eff. Sept. 1, 2025; written agreement and informed consent required)
Vermont
Compensated egg donation is permitted in Vermont with no statutory cap. The Vermont Parentage Act clarifies that gamete donors are not parents of any resulting child.
Restrictions: No statutory compensation cap. No Vermont-specific egg donation statute beyond the Parentage Act's donor parental rights disclaimer.
Donor non-parentage authority: 15C V.S.A. § 801 et seq. (donor is not a parent of a child conceived through assisted reproduction)
Sources: legislature.vermont.gov, creativefamilyconnections.com
Virginia
Virginia has no standalone egg donation statute. Compensated egg donation is legal and practiced under contract law, with no legislatively imposed cap. Virginia Code § 20-158 (addressing children of assisted conception) establishes that gamete donors have no parental rights when the donation is for another's use, providing the key legal protection for donors and recipients alike.
Restrictions: No dedicated egg donation statute. Compensation is permitted in practice and governed by contract; no statutory cap. ASRM guidelines followed by clinics. Egg donor agreements are executed as private contracts.
Sources: law.lis.virginia.gov, surrogacy4all.com
Washington
Washington permits compensated egg donation. Under the 2019 UPA, RCW 26.26A.605 provides that a donor is not a parent of a child conceived by assisted reproduction automatically, with no disclaimer required. No statute caps compensation amounts.
Restrictions: A donor is not a parent of a child conceived by assisted reproduction by operation of law (RCW 26.26A.605) — no signed disclaimer is required. No statute caps compensation amounts.
Donor non-parentage authority: RCW 26.26A.605
Sources: app.leg.wa.gov, legalvoice.org, adoptionart.org
West Virginia
West Virginia has no dedicated egg donation statute. Compensated donation is permitted under general contract law and ASRM-aligned clinic practice. Donor parental rights are extinguished by contract.
Restrictions: No dedicated egg donation statute. Compensated egg donation is legal under contract law. No statutory cap on compensation.
Sources: surrogatefirst.com, surrogacy4all.com
Wisconsin
Wisconsin has a sperm donation statute (Wis. Stat. § 891.40) that protects physician-supervised donors from parental obligations. A 2016 federal district court ruling (Torres v. Seemeyer) requires the statute to be applied gender-neutrally, providing analogous protection to egg donors. No Wisconsin statute or state appellate case specifically addresses egg donors. Compensated egg donation is practiced. Written donor agreements are essential given the gap in express state statutory coverage.
Restrictions: No Wisconsin statute specifically addresses egg donors. The sperm donation statute (§ 891.40) is read gender-neutrally by federal court order (Torres v. Seemeyer), extending donor non-parentage protection to egg donors in the same physician-assisted context, but the extension rests on a federal district court ruling, not a state statute or state appellate decision.
Donor non-parentage authority: Wis. Stat. § 891.40 (sperm donation; read gender-neutrally per Torres v. Seemeyer, 207 F. Supp. 3d 905 (W.D. Wis. 2016))
Sources: docs.legis.wisconsin.gov, creativefamilyconnections.com
Wyoming
Wyoming permits compensated egg donation. WY Stat. § 14-2-902 establishes that egg donors have no parental rights or obligations to any resulting child, regardless of donation type. No statute restricts compensation amounts.
Restrictions: No restrictions on compensation. WY Stat. § 14-2-902 confirms donors of sperm or eggs are not legal parents of any resulting child.
Donor non-parentage authority: WY Stat. § 14-2-902 (donor has no parental rights)
Frequently asked questions
- Is compensated egg donation legal in the United States?
- Compensated egg donation is broadly practiced nationwide and is not prohibited in most states. A small number of states impose specific conditions or limits — for example, Louisiana's statute bars the 'sale' of a human ovum, and donor compensation there is framed as payment for time and discomfort. The table above shows each state's status.
- Will an egg or sperm donor be treated as a legal parent?
- In most states, a written donor agreement and, in many states, a statute establish that a donor is not a legal parent of a child conceived through assisted reproduction. Some states make this automatic by statute; others rely on the donor agreement. The state-by-state detail below notes the controlling statute or rule where one exists.
- Are there caps on egg donor compensation?
- There is no federal cap on egg donor compensation. Professional guidance from the ASRM informs clinic practice, and only a few states address compensation by statute. Amounts are generally set by contract and clinic policy.
- Is this legal advice?
- No. This guide is general educational information compiled from public statutes, court decisions, and secondary sources, and has not been reviewed by an attorney. Always consult a lawyer licensed in the relevant state before making decisions. See our full disclaimer.