SECTIONS 125325-125325.15 - California Statutes

HEALTH AND SAFETY CODE

SECTION 125325-125325.15

125325. (a) The person or entity posting an advertisement seeking
oocyte donation associated with the delivery of fertility treatment
that includes assisted oocyte production and a financial payment or
compensation of any kind, shall include the following notice in a
clear and conspicuous manner:

"Egg donation involves a screening process. Not all potential egg
donors are selected. Not all selected egg donors receive the
monetary amounts or compensation advertised. As with any medical
procedure, there may be risks associated with human egg donation.
Before an egg donor agrees to begin the egg donation process, and
signs a legally binding contract, she is required to receive specific
information on the known risks of egg donation. Consultation with
your doctor prior to entering into a donor contract is advised."

(b) A summary pertaining to oocyte donation procedures, shall be
provided, as required pursuant to Section 125335, to all potential
egg donors before signing a legally binding contract to become an egg
donor, or beginning any egg donation procedures, as part of
compliance with the informed consent requirements.
(c) Persons or entities that certify compliance with the American
Society for Reproductive Medicine (ASRM) guidelines by registering
with ASRM are exempt from the notice requirements set forth in
subdivision (a). Use of the exemption when the guidelines are
violated shall constitute false advertising.
(d) Donors recruited through the advertisement shall undergo the
same disclosure, counseling, and informed consent process, as
required pursuant to Section 125335, as donors recruited by those
exempt from subdivision (a).

125325.15. The following definitions shall apply to this chapter:
(a) "Assisted oocyte production" or "AOP" means surgical
extraction of oocytes following pharmaceutically induced manipulation
of oocyte production through the use of ovarian stimulation for the
purposes of fertility treatment.
(b) "Oocyte" means a female egg or egg cell of a human female.