Over the last several decades, the number of cryopreserved embryos has grown significantly due to improved freezing technologies. This can allow people to choose to build their family at a later date. However, many people choose not to use all of their embryos for family building, so they are faced with the choice of what to do with the cryopreserved embryos.
Embryo donation is a process whereby previously formed embryos–created for either an individual or a couple who will no longer use them and who are willing to donate them to another–are utilized to create or expand your family.
Whether you are donating or receiving this extraordinary gift, you should seek legal representation. Some states have no laws governing embryo donation or have permissive statutes. Others prohibit embryo donation outright. Whatever your situation, it is imperative to understand your options and your obligations.
If you have embryos that you would like to donate, you can donate to a single intended parent or couple whom you do not know (anonymous embryo donation) or to a known recipient (directed embryo donation). Either way, the term “donation” does not necessarily imply that the recipient obtains the embryos for free; laws in some states may allow for reimbursement for a portion of the expenses incurred in the creation of the embryos. In the case of directed embryo donation, a contract between the embryo donor(s) and the recipient(s) must be in place in order to establish parental rights and responsibilities.
Generally speaking, the transfer of embryos from one party to another is complicated and can have negative consequences if intentions are not clarified by a legal agreement. Consulting with an experienced attorney can help ensure that the experience proceeds as desired, and that donor and recipient are protected legally and financially.
Among the services that we offer:
Representation of both embryo donors or intended parent(s) in drafting, review and negotiation of legal agreements
Reviewing legal clearances for all medical facilities
Counseling about reputable embryo donation resources
Resources
Posts and Articles
- Embryo Donation Fact Sheet
(American Society for Reproductive Medicine) - Avoiding Conflict in Third Party Reproduction
(American Society for Reproductive Medicine) - Embryo Donation: One Possible Path After IVF
(Harvard Health Publishing) - “Talking with Children Conceived Through Donor Insemination, IVF with Egg Donor, or Surrogacy,” Ellen Singer, LCSW-C, Adoption Program Specialist at The Center for Adoption Support and Education, Inc.
Organizations
- American Society for Reproductive Medicine
Nonprofit organization devoted to advancing knowledge and expertise in reproductive technologies. - Donor Conception Network
A set of unique resources for parents of donor conceived children and the professionals who support them. - The Donor Sibling Registry
Educating, connecting, and supporting donor families. - ReproTech Limited
Facilitates embryo and storage and administration and shipment of cryopreserved gametes, embryos, and tissue. - CDC: Fertility Clinic Success Rates
The Centers for Disease Control and Prevention is a trusted resource and compiles information about fertility clinic success rates. - Men Having Babies
MHB provides surrogacy advice for gay men worldwide. - A Torah Infertility Medium of Exchange
Offers advocacy, education, guidance, research and support to orthodox Jewish men, women, and couples struggling with reproductive health and infertility. - Hasidah
Builds awareness, connects people to resources, and provides financial assistance for IVF to Jews and Jewish families. - Puah Institute
Experts in the field of fertility medicine and Jewish Law.