Modern Fertility Law

Shared egg donation cycles—also called split cycles or shared donor cycles—represent a unique intersection of reproductive medicine, cost-sharing strategies, and collaborative family building. In these arrangements, a single donor undergoes one ovarian stimulation cycle, and the retrieved oocytes are distributed between two or more intended recipients. This structure can reduce costs for recipients, allow more efficient use of donor resources, and expand access to donor-egg IVF. But it also introduces a multilayered set of ethical, legal, psychological, logistical, and medical considerations. As shared cycles become increasingly common in fertility clinics, a thorough understanding of their implications is essential for patients, providers, and policymakers.

I. The Foundations of Shared Egg Donation

A. Why Shared Cycles Exist

Egg-donor IVF is one of the most effective fertility treatments but also one of the most expensive. Traditional exclusive donor-egg cycles require the intended parent or couple to bear the full cost of donor screening, compensation, medications, monitoring, and cycle coordination. Shared cycles distribute these expenses across multiple intended families, significantly reducing the financial burden. Clinics may also view shared cycles as a more efficient use of donor time and risk exposure, since donors undergo intensive monitoring and medical intervention.

B. How Shared Cycles Operate

In a shared cycle, one donor undergoes ovarian stimulation. Once the eggs are retrieved, they are divided—usually by predetermined allocation rules—among participating recipients. Distributions may be equal (e.g., a 50/50 split between two recipients) or may reflect differing financial contributions or clinic policies. Recipients typically provide sperm from their partner or a donor. Each recipient proceeds with fertilization, embryo culture, and transfer independently.

While the model seems straightforward, the need for synchrony and fairness adds complexity. Recipients must align their cycles with the donor’s timeline, and success depends on the donor’s response: if the donor produces fewer eggs than anticipated, divisions may be adjusted, cycles converted to freeze-all, or agreements renegotiated.

II. Ethical Dimensions of Shared Donor Cycles

A. Balancing Fairness and Autonomy

Ethical concerns begin with equitable allocation. When eggs are shared, recipients may feel vulnerable to variations in donor performance. Low oocyte yield can leave recipients with fewer eggs than expected, which may impact fertilization potential and cumulative pregnancy opportunities. Clinics must ensure that allocation formulas are transparent, predetermined, and fair. Some clinics guarantee minimum egg numbers; others offer cycle cancellation or discount policies.

The donor’s autonomy must also be protected. Donors must consent not only to egg donation but to the specific structure of a shared cycle. They should understand how their eggs will be divided, the potential for multiple genetically related offspring across families, and the implications for future contact or anonymity, depending on regional policies.

B. Limiting Genetic Dispersion

One distinctive ethical feature of shared cycles is the possibility of multiple recipient families producing offspring genetically related through the same donor and, within some shared cycles, even conceived within the same retrieval event. Clinics and regulatory bodies often impose limits on the number of families that can use a donor’s gametes. These rules aim to mitigate the risk of high numbers of donor-conceived siblings within a geographical area—important both for population genetics and for psychosocial reasons associated with identity and kinship.

Shared cycles increase the concentration of offspring per cycle, so clinics must carefully track donor usage to remain within limits. Recipients may also grapple with the idea that their child could have full genetic siblings raised by other families, and these effects unfold differently across cultures and family values.

C. Psychological Impact on Recipients and Offspring

Parents building families through donor eggs already navigate issues of disclosure, identity, and emotional integration. Shared cycles introduce another layer: offspring from the same cohort may be close in age and appear in genetic-matching databases. Future contact among donor siblings—popular through voluntary registries or direct-to-consumer testing—may be more common.

For some families, this shared genetic network enriches the child’s life. For others, it introduces complex feelings about boundaries, privacy, or kinship. Ethical counseling should include discussions about these eventualities, respecting diverse preferences regarding openness.

III. Practical and Clinical Considerations

A. Cycle Synchronization

A shared cycle requires precise coordination. The donor’s stimulation is the anchor, and recipients must match their uterine preparation to the donor’s retrieval schedule. Clinics often employ:

• Fresh transfer synchronization, requiring hormonal control to align all cycles.
• Freeze-all approaches, allowing fertilized eggs or embryos to be cryopreserved and transferred later, easing synchronization burdens.

Freeze-all cycles reduce the emotional and physical stress of coordination, but some recipients prefer fresh transfers based on personal philosophy, cost, or clinical advice.

B. Variability in Donor Response

A key challenge is unpredictability. No matter how carefully donors are screened, ovarian response varies. When egg numbers are low, allocation becomes sensitive. Possible clinic strategies include:

• Guaranteeing a minimum number of mature eggs per recipient.
• Allowing recipients to back out or receive partial refunds.
• Converting shared cycles into exclusive cycles if only one recipient proceeds.
• Offering priority in future cycles.

Recipients must understand that while cost savings are attractive, the trade-off includes increased exposure to variability.

C. Embryology Considerations

Each recipient’s sperm source introduces different fertilization dynamics. Embryologists separate eggs into recipient-specific batches immediately upon retrieval. Clear labeling, chain-of-custody protocols, and compliance with regulatory standards are essential to avoid mix-ups. Distributed eggs often yield differing numbers of embryos, which can influence perceptions of fairness even when distributions follow the contract.

Clinics must also communicate clearly regarding:

• Expected fertilization rates
• How immature or poor-quality eggs are counted
• Ownership of surplus embryos
• Policies around freezing, storage fees, and disposition

IV. Legal Dimensions of Shared Egg Donation Cycles

A. Contractual Framework

Legal agreements in shared cycles must be carefully drafted. They typically involve:

1. Donor agreement – covering consent, compensation, medical risks, disclosure policies, and limits on donor use.
2. Recipient agreement – detailing allocation procedures, financial arrangements, and contingency plans.
3. Clinic or agency agreement – specifying responsibilities, cycle coordination, and liability limits.

Because multiple recipients are involved, contracts must protect each party’s rights without creating cross-recipient obligations. For example, recipients should not be legally responsible for outcomes experienced by other participants.

B. Ownership and Allocation Rules

A central legal concept is the definition of egg ownership. Generally:

• Eggs belong to the donor until retrieval.
• After retrieval and allocation, each recipient gains legal control over their assigned eggs.
• Fertilized eggs (embryos) follow parentage laws specific to the jurisdiction.

Contracts must specify how eggs are counted—whether by total retrieved, mature oocytes, or fertilized embryos—and what happens in ambiguous situations.

C. Confidentiality vs. Sharing Information

Privacy laws, including HIPAA (U.S.) and GDPR (EU), restrict sharing medical information across parties. Yet recipients in shared cycles may want reassurance about donor performance. Clinics often provide limited, non-identifying information: age, egg yield, and relevant clinical data about the donor cycle. However, they cannot disclose specifics about the other recipients’ outcomes.

Future identity-disclosure laws (in countries moving away from donor anonymity) may further shape the legal environment. Shared cycles may heighten the need for clarity regarding how donor information can be shared and what rights offspring have to identifying information.

D. Regional Variation

Legal frameworks differ widely across countries and sometimes even within states or provinces. Some countries prohibit shared cycles entirely, while others rely on strict limits on donor usage or emphasize donor anonymity. International intended parents must evaluate legal compatibility between jurisdictions—especially because donor-conceived offspring may later seek information via genetic testing regardless of legal anonymity.

V. Financial Considerations

A. Cost Savings and Trade-offs

Shared cycles fundamentally exist to provide financial relief. Recipients often save 40–60% compared with exclusive donor cycles. Costs are shared for:

• Donor compensation
• Medications
• Monitoring
• Retrieval fees
• Agency or clinic coordination

However, reduced cost carries trade-offs:

• Fewer eggs than an exclusive cycle might provide
• Greater uncertainty about allocation
• Potential need for multiple cycles to achieve desired family size

B. Family-Building Planning

Recipients who hope to have more than one child may find shared cycles limiting due to lower embryo numbers. Clinics often encourage recipients to consider future family-building plans and determine whether a shared cycle may compromise their goals. Some patients opt for a hybrid model: starting with a shared cycle and supplementing with frozen donor eggs later if needed.

VI. Donor Experience in Shared Cycles

A. Medical and Emotional Considerations

Donors undergo the same medical procedures as in exclusive cycles, but the idea that multiple families will use their eggs may evoke distinct feelings. Some donors appreciate maximizing impact; others prefer more limited disposition of their gametes. Clinics should provide counseling on:

• The number of potential offspring
• Future contact possibilities
• Disclosure laws in relevant jurisdictions
• Emotional implications of creating multiple genetic links

B. Compensation and Equity

In shared cycles, donor compensation is usually identical to exclusive cycles, as donors take on the same medical burden. However, because clinics earn multiple recipient fees from one donor cycle, some argue that donors should receive increased compensation. Regulatory bodies in many jurisdictions limit donor compensation to avoid commodification, so payment structures must comply with ethical and legal standards.

VII. Psychosocial and Long-Term Considerations

A. Identity and Disclosure

Today’s cultural landscape is moving toward openness in donor conception. Shared cycles naturally expand the network of genetically related individuals. With consumer DNA testing, donor anonymity is increasingly unsustainable, and families must decide how to discuss donor conception with their children.

Recipients often benefit from counseling that:

• Normalizes donor conception
• Provides language for age-appropriate disclosure
• Anticipates future contact with donor siblings

B. Relationships with Other Recipient Families

Some shared-cycle participants welcome communication with other families, creating supportive relationships and opportunities for sibling connections. Others prefer privacy and independence. Clinics typically avoid arranging contact between recipient families unless everyone opts in explicitly. Families must weigh the potential benefit of an expanded support network against risks of boundary confusion.

C. Offspring Perspectives

Research suggests donor-conceived individuals generally value knowledge about their genetic origins and siblings. In shared cycles, offspring may have more genetically close peers, which could strengthen identity or—if poorly managed—create emotional stress. Empowering families to handle these dynamics with openness reduces long-term conflict.

VIII. Conclusion

Shared egg donation cycles in IVF represent an innovative and increasingly utilized path to parenthood. They offer significant cost advantages, efficient use of donor resources, and the chance for multiple families to benefit from a single cycle. However, these advantages come with complexities: medical uncertainties, legal nuance, ethical questions about family structure and donor usage, and psychosocial considerations that extend far beyond the moment of embryo transfer.

For clinics, clear policies, transparent communication, meticulous legal frameworks, and robust counseling are essential to maintaining fairness and trust. For recipients, shared cycles can be a powerful option when aligned with their financial, emotional, and family-building goals. For donors, ethical consent processes and supportive counseling ensure autonomy and awareness of long-term implications.

As reproductive technologies and societal norms continue to evolve, shared egg-donor cycles will remain at the forefront of discussions about access, equity, identity, and the expanding definitions of family. With thoughtful implementation, they can serve as an effective, ethical, and deeply meaningful means of helping diverse individuals and couples achieve the dream of parenthood.

Modern Fertility Law has made this content available to the general public for informational purposes only. The information on this site is not intended to convey legal opinions or legal advice.

Public health crises—whether pandemics, natural disasters, or widespread infectious disease outbreaks—pose significant challenges to health systems worldwide. Among the services most affected are reproductive health and fertility care. Because reproductive services encompass a broad spectrum of care—from contraception and prenatal care to assisted reproductive technologies (ART) and fertility preservation—their disruption during crises can have profound and long-lasting individual and societal consequences.

This overview examines how reproductive and infertility care are disrupted during public health crises, the mechanisms behind these disruptions, their impacts, and strategies to mitigate negative outcomes.

1. Defining Reproductive and Infertility Care

Reproductive health care includes a wide range of services related to sexual health, family planning, maternal health, pregnancy, and childbirth. It also includes access to contraception, safe abortion where legal, prevention and treatment of sexually transmitted infections (STIs), and reproductive education.

Infertility care comprises evaluation and treatment for individuals and couples who experience difficulty conceiving, including diagnostic services and fertility treatments such as in vitro fertilization (IVF), intrauterine insemination (IUI), and fertility preservation techniques.

Both reproductive and infertility services are essential components of comprehensive health care.

2. Types of Public Health Crises and Their General Impacts

Public health crises vary widely:

• Pandemics (e.g., COVID-19)
• Infectious disease outbreaks (e.g., Zika, Ebola)
• Natural disasters (e.g., hurricanes, earthquakes)
• Technological or environmental emergencies (e.g., chemical spills)

While diverse, these crises share common impacts on health systems: resource diversion, facility closures, staffing shortages, and heightened fear of infection. These disruptions strain healthcare delivery and often disproportionately harm services not deemed immediately “life-saving,” including reproductive and fertility care.

3. Mechanisms of Disruption in Reproductive and Infertility Services

a. Health System Reallocation and Prioritization

In crises, resources (staff, facilities, funding) are often diverted toward emergency response. During the COVID-19 pandemic, many hospitals and clinics postponed elective procedures, including fertility treatments like IVF or IUI, citing infection risk and resource scarcity. Similarly, reproductive health clinics may be repurposed for COVID-19 testing or vaccination, reducing service availability.

b. Policy and Regulatory Responses

Public health directives that restrict movement or deem certain medical procedures “non-essential” can block access to care. During COVID-19 lockdowns, several regions categorized fertility services as non-urgent, leading to widespread suspension of treatments.

c. Supply Chain Interruptions

Crises often disrupt supply chains, affecting availability of essential medicines, reproductive health supplies (e.g., contraceptives), and laboratory materials critical to infertility treatments.

d. Workforce Shortages and Provider Burden

Health workers may be reassigned, fall ill, or face burnout, limiting the workforce available for reproductive care. Specialist providers (e.g., reproductive endocrinologists, gynecologists) may be particularly affected.

e. Patient Behavior and Fear

Fear of infection or misinformation may deter people from seeking in-person care. Patients may delay routine checkups, fertility evaluations, or prenatal care, risking adverse outcomes.

4. Impacts on Reproductive Health Services

a. Contraceptive Access and Unintended Pregnancies

Disruptions in supply and clinic access can lead to contraceptive shortages and reduced family planning services. This increases the risk of unintended pregnancies. During COVID-19, many individuals reported difficulties accessing contraception due to clinic closures or reduced hours.

b. Maternal and Perinatal Care

Routine prenatal visits, ultrasounds, and screening tests sometimes shifted to telehealth or were delayed. While telemedicine provided continuity of care, it could not fully replace hands-on evaluations, particularly for high-risk pregnancies.

In some outbreaks (e.g., Zika), the disease itself posed direct risks to pregnancy outcomes, including congenital anomalies, prompting increased demand for prenatal counseling and testing—often unmet during crises.

c. Safe Abortion Services

In many settings, abortion services were restricted as part of broader limitations on non-emergency care. This had implications for reproductive autonomy and forced delays or travel for care where legal.

d. STI Prevention and Treatment

Public health crises often interrupt screening programs for STIs, including HIV. Deprioritization means delayed diagnoses and treatment, undermining long-term sexual health.

5. Impacts on Infertility Care

a. Suspension of Assisted Reproductive Technologies

Infertility treatments were among the first services paused in many areas during COVID-19 because they were considered elective. This had significant clinical and emotional repercussions for patients, particularly those with age-related fertility decline or diminished ovarian reserve.

b. Delayed Diagnosis and Evaluation

Clinic closures and reduced services delayed fertility evaluations (e.g., hormone testing, semen analysis). Delay in diagnosis can impact treatment timelines and success rates, especially for time-sensitive conditions.

c. Emotional and Psychological Toll

Infertility is already associated with psychological stress. When care is disrupted, uncertainty and anxiety increase, sometimes exacerbating existing mental health conditions.

d. Financial Consequences

Fertility treatments are often costly and may not be covered by insurance. Delays can increase financial strain, especially when treatments must be repeated due to postponed cycles.

6. Disproportionate Effects on Vulnerable Populations

Crises magnify existing inequities in healthcare access:

a. Socioeconomic Disparities

Individuals with lower socioeconomic status often have less access to private care or telehealth, making them more vulnerable to service disruptions. They may lack transportation or face financial barriers that worsen during economic downturns triggered by crises.

b. Racial and Ethnic Inequities

Healthcare disparities rooted in systemic racism are exacerbated during crises. Minority populations often experience higher rates of infection and mortality and face greater challenges accessing reproductive and infertility care.

c. Geographic Barriers

Rural and underserved areas with fewer healthcare providers are disproportionately affected. Clinic closures force patients to travel longer distances if services remain at all.

d. Adolescents and Young Adults

Younger populations may lack knowledge, resources, or autonomy to navigate disrupted services, especially for confidential reproductive care.

7. Innovations and Mitigation Strategies

Despite challenges, public health crises have catalyzed adaptations that can strengthen care delivery.

a. Telehealth Expansion

Telemedicine emerged as a key tool during COVID-19. Virtual consultations allowed continued access to contraceptive counseling, prenatal check-ins, medication refills, and some aspects of fertility care counseling. Telehealth expands access, especially for those in remote regions.

Strengths: Maintains continuity, reduces infection risk, improves convenience.
Limitations: Limited for procedures requiring physical interaction (e.g., ultrasounds, egg retrievals), and dependent on technology access.

b. Task Shifting and Community Health Workers

In resource-constrained settings, training community health workers to provide basic reproductive health services, distribute contraceptives, and support prenatal care can maintain service coverage when clinicians are diverted to crisis response.

c. Flexible Policy and Regulation

Some regions introduced policy changes during crises—for example, allowing multi-month contraceptive prescriptions or expanding the scope of practice for midwives and nurse practitioners to increase service access.

These regulatory adaptations can permanently improve access beyond crises.

d. Prioritization Frameworks

To prevent blanket cancellations of fertility treatments, some professional organizations developed triage systems prioritizing patients based on urgency (e.g., age, ovarian reserve) to minimize negative outcomes. Guidelines for safe continuation, infection control, and patient support were also developed.

e. Mental Health Support Integration

Recognizing the psychological toll, many clinics and public health programs incorporated mental health services into reproductive and fertility care during crises, using virtual support groups, counseling, and stress-management resources.

8. Case Studies from Recent Crises

COVID-19 Pandemic

The COVID-19 pandemic offers the most extensive contemporary example of reproductive and infertility care disruption:

• Fertility Clinic Closures: Many jurisdictions classified fertility treatments as non-essential, halting IVF and related procedures for weeks to months.
• Reproductive Health Access: Contraceptive services experienced intermittent closures; however, telehealth helped sustain counseling and prescriptions.
• Prenatal Care Shifts: Many prenatal visits moved to hybrid models, with in-person visits limited to essential checks.
• Policy Innovations: Expanded telehealth reimbursement, regulatory flexibility for medication dispensing, and prioritization protocols for fertility care mitigated some impacts.

These shifts underscore the need for resilient systems that can adapt services during emergencies while maintaining essential reproductive care.

Zika Virus Outbreak

During the Zika outbreak (2015–2016), reproductive care faced unique challenges:

• Risk Communication: Women of reproductive age required accurate information about infection risks during pregnancy and sexual transmission.
• Family Planning Demand: Calls for access to contraception and safe abortion increased in affected regions, but stigma and legal barriers impeded care.
• Infertility Impact: Fertility clinics navigated risk of infection and adapted protocols to protect patients and staff.

This crisis highlighted the interplay between infectious disease threats and reproductive decision-making.

9. Long-Term Consequences and Recovery

The effects of disrupted reproductive and infertility care extend beyond the immediate crisis.

a. Delayed Family Planning and Increased Unintended Pregnancies

Disruptions can lead to spikes in unintended pregnancies, with implications for maternal and child health, economic stability, and social services.

b. Fertility Outcomes and Age-Related Decline

For individuals seeking fertility treatment, delays may reduce success rates due to age‐related factors, particularly among women with diminished ovarian reserve.

c. Health System Resilience and Preparedness

Recovery periods offer opportunities to strengthen infrastructure, integrate telehealth sustainably, and build policies that protect essential reproductive services during future crises.

10. Policy and System Recommendations

To safeguard reproductive and infertility care during public health emergencies, stakeholders should consider the following:

a. Designate Reproductive Care as Essential Health Services

Ensuring that reproductive and fertility services are protected and prioritized in emergency planning can prevent blanket shutdowns.

b. Strengthen Telehealth Infrastructure and Access

Investing in technology, broadband access, and training can expand care delivery options, especially for underserved populations.

c. Develop Clear Clinical Guidelines

Professional bodies should create evidence-based guidelines for care continuity during crises, including infection control and triage systems.

d. Address Equity and Social Determinants of Health

Policies must specifically address disparities in access, with targeted strategies for vulnerable groups.

e. Emergency Stockpiles and Supply Chain Planning

Anticipating supply chain disruptions by maintaining essential reproductive health inventories (e.g., contraceptives, hormones) can prevent shortages.

11. Conclusion

Public health crises expose vulnerabilities in health systems, often severely disrupting reproductive and infertility care. These disruptions can have immediate and long-lasting effects on individual lives and broader population health. Lessons from recent emergencies like the COVID-19 pandemic emphasize the importance of system resilience, policy foresight, and adaptability.

Maintaining reproductive and fertility services during crises requires intentional planning, flexible delivery models, and a commitment to equity. By learning from past challenges and building robust frameworks for continuity of care, health systems can better protect reproductive health as an essential component of comprehensive healthcare—no matter the crisis.

Modern Fertility Law has made this content available to the general public for informational purposes only. The information on this site is not intended to convey legal opinions or legal advice.

In surrogacy, money held in a bonded trust or escrow account ensures security by a neutral third party (not the agency), preventing misuse and guaranteeing funds for the surrogate’s expenses and compensation per contract, with legal requirements in many states mandating this structure for ethical and legal protection, offering transparency and preventing conflicts of interest. 

Why It’s Required & How It Works

1. Legal Mandate: States like California (Family Code § 7961) require funds to be held in a secured account not held by the surrogacy agency.
2. Neutral Third Party: An independent escrow company or attorney holds funds, distributing payments as the contract dictates (for medical bills, compensation, etc.).
3. Protection: This protects intended parents by ensuring funds are available and protects surrogates by guaranteeing payment, preventing agencies from mismanaging large sums.

Key Benefits

• Security: Funds are safe from mismanagement or agency failure.
• Transparency: Clear, contract-based disbursements.
• Reduced Conflict: A neutral manager removes financial stress between IPs and surrogates. 

What to Look For

• Independent Provider: Choose an escrow service or attorney not owned by the agency.
• Strong Bonding/Insurance: Verify the coverage amount.

The California Court of Appeal, in Hoang Long Ngoc Pham v. Superior Court of Orange County (Cal. Ct. App., Dec. 16, 2025), addressed a dispute over the disposition of two frozen embryos created through IVF by a married couple who were divorcing. Pham (husband) sought to have the embryos discarded, asserting a right not to procreate, while Kon (wife) sought to use them to attempt pregnancy.

The parties signed a written IVF consent agreement specifying what would happen to embryos upon certain “adverse events,” including divorce. For divorce, they selected and initialed the option that embryos would be “[m]ade available to the partner if he/she wishes.” After separation, Kon requested the embryos; Pham opposed.

The Court of Appeal affirmed the trial court’s interpretation and enforcement of the IVF agreement. The Court ruled: Where parties have a valid, clear agreement specifying embryo disposition upon divorce, that contract controls. The phrase “made available to the partner if he/she wishes” was unambiguous and meant Kon could use the embryos to attempt pregnancy.

The Court stated: “We conclude that where, as here, the parties have entered into a valid contract specifying how the frozen embryos shall be treated in the event of divorce or legal separation, the contractual approach governs. The contractual approach “ ‘minimize[s] misunderstandings and maximize[s] procreative liberty by reserving to the progenitors the authority to make what is in the first instance a quintessentially personal, private decision.’ ” (Rooks, supra, 429 P.3d at p. 592.) There are also “significant benefits to making this decision in advance, rather than at the moment of disposition. Preexisting agreements ‘promote serious discussions between the parties prior to participating in in vitro fertilization’; [citation]; and manifest choices ‘made before disputes erupt ’ [Citation.] This ‘minimize[s] misunderstandings’ that might arise in the future, provides certainty for progenitors and fertility clinics, and decreases the likelihood of litigation.” (Bilbao, supra, 217 A.3d at p. 986.)”

This is a helpful case because it advises couples to put their intentions in writing, which will be honored by the law. Discussing these issues with various professionals prior to building your family is highly advised.