Findlaw unscrambles some facts in the California “egg donor” case mentioned in the May 13, 2004 post (here K.M. )
Sherry F. Colb writes (excerpt):
Prior to retrieving her eggs, the hospital required Ova to sign a consent form that included, among other things, a waiver of parental rights to any resulting offspring. She signed the form — as so many of us routinely do on request when we go into the hospital. Doubtless, she believed that without her signature, the procedure could not go forward.
When the twins were born, the two women were living together and proceeded to share the work of raising the children, work that is traditionally associated with mothers and fathers. As so many married couples do, however, this couple split up and eventually found itself in litigation over respective rights vis-a-vis the children.
The standard egg donation consent form that Ova signed at the hospital emerged as a very significant document in this litigation. The form contained a waiver of parental rights with respect to children resulting from any retrieved eggs.
Ironically, Ova apparently signed the form in order to facilitate the creation of children for whom she would in fact bear responsibilities and to whom she would maintain rights. Ova said that she planned to adopt the children later to formalize their relationship, though this statement was considered further proof that she understood that she was not their legal mother absent adoption.