(1.) Assisted reproduction law is set primarily at state level, and the variation between states is substantial.
(2.) Two states are currently outside our donor recruitment program: Nebraska and Louisiana.
(3.) Federal FDA screening requirements (21 CFR Part 1271) apply identically nationwide; the variation is in state law, not medical standards.
(4.) This is a recruitment decision, not a judgement about donors in those states.
Assisted reproduction is governed largely by state law, and states differ substantially in how they treat donor agreements, parentage, embryos, and related arrangements. Where a state’s framework leaves meaningful uncertainty about how a donor agreement would be interpreted, or about the position of the parties involved, we take the view that the responsible answer is not to operate there.
That is a conservative position and we know it costs us donors. We think it is the right one. A donor should never discover, after a cycle, that her agreement sits on ground nobody was confident about — and an intended parent should never build a family plan on the same footing.
If you were hoping to donate: we are genuinely sorry to turn you away, and it is not about you. Every one of our requirements — eligibility criteria, screening standards, the cycle itself — would likely have applied to you the same as anyone. If you relocate, or if the legal position in your state changes, we would be glad to hear from you.
If you are an intended parent: speak with a fertility clinic and an attorney in your state. Many families in restrictive-law states pursue treatment elsewhere, and that is a conversation to have with counsel who knows your situation before making plans.
If you are unsure whether this applies to you: residency at the time of the cycle is what matters, not where you grew up or where you are registered to vote. If your situation is genuinely unclear, call and ask — 1-212-661-7177.
Because the alternative is worse. Agencies that quietly decline applications from certain states leave applicants assuming they were rejected for a personal or medical reason, which is both untrue and unkind. Telling people plainly costs us nothing except a few applications we could not have accepted anyway.
It also reflects how we would rather operate generally: if there is something a donor or an intended parent would want to know before investing months in a process, we would rather say it on a public page than in a difficult phone call later.
Egg donation is a process where a woman (the egg donor) provides one or several eggs (also known as oocytes) for purposes of assisted reproduction, with the eggs being fertilized in the laboratory. Once fertilized, the resulting embryos are transferred to the recipient’s uterus to initiate a pregnancy, or they can be cryopreserved (frozen) for future use.
Licensed & Registered: NYS Surrogacy Program License GSP220903 · NYS Tissue Bank License ID 1570 · California Tissue Bank License CTB00082276 · Maryland Tissue Bank License TB3527 · FDA HCT/P Establishment Registration FEI 3021544308 · Health Canada Establishment Registration 000119
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