Embryo Adoptions and Donations
Couples who have undergone IVF will generally
have pre-embryos cryopreserved. Sometimes they
will have pre-embryos that remain unused, and the
couple may determine that these may be used by other
hopeful parents via adoptions or donations of the
pre-embryos.
Embryo donations can be anonymous or known.
In either event, parties to embryo donations should
have contracts drafted delineating intent and
setting forth rights and the waiver of rights and
have separate, independent legal counsel. The
contract should address the issues surrounding the
embryo donation, such as the donor couple's
relinquishment of rights, the parties'
responsibilities and obligations towards one another
and the child, issues involving future contact, and
terms of reimbursement.
Although the terms "embryo donation" and "embryo
adoption" are sometimes used interchangeably, the
term embryo adoption will typically refer to a
process similar to the traditional adoption process.
The placing family will typically refer to a process
similar to the traditional adoption process.
The placing family will personally select the
adopting family through an embryo adoption agency.
The adopting family will submit to the same rigors
of a traditional adoption including a home study and
background checks. However, an embryo adoption
is not recognized by courts as a true adoption and
does not require the same court filings.
Parties to an embryo adoption must adhere to the
same contract requirement as in an embryo donation.
Couples who have pre-embryos cryopreserved should
address the disposition of the pre-embryos in their
wills. Couples should contemplate whether they
want a child born from ART after their death, and if
so, whether they want those children to inherit even
if the child is born years after the death of a
parent.
Couples with cryoproserved and pre-embryos should
also enter into agreements regarding the disposition
of the pre-embryos in the case of divorce.
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