There aren’t many laws that govern the embryo transfer process. While the procedure has been around for several decades, it is still relatively uncommon and lawmakers haven’t created many specific rules about the transfer of embryos from one person to another. Currently the process of embryo adoption is governed by contract law, not adoption law. So why do many agencies use the adoption model for embryo transfers?
The adoption model protects all of the parties involved, including the adopting family, the donating family, and the resulting child. A contract is signed by both families that acknowledges the transfer of the embryos, resulting in a legally binding agreement. The traditional adoption model makes it is clear that both parties agree to the transfer and parental rights are transferred solely to the adopting family. An open adoption model is used, which eliminates secrecy and allows both families to be comfortable with the adoption arrangement.
The adopting family completes an adoption home study, which brings peace of mind to the donor family – they know the adopting family has received guidance and education about their upcoming adoption and has undergone a criminal background check.
The contract is a means of protecting both parties. Agencies have been helping people adopt embryos for many years, and they understand the legal process that needs to happen that protects you and your adopted child. They will clearly explain the process and make sure that everything happens as smoothly as possible.
When the adopted embryo baby is born, the woman who gives birth to the child (the adopting mom) and the man to whom she is married (the adopting dad) are placed on the birth certificate as the legal parents of the child. This is true in all 50 states.
If you have questions about the legal process, open adoption, or another aspect of embryo adoption, visit www.embryoadoption.org. You’ll be able to find answers as well as contact information for agencies who can speak with you in person.
(Please Read Our Comment Policy Before Commenting)