Embryo adoption has been around since the mid-1990’s and over 900 children have been born from the process. Just because the technology has been available for a few decades, though, doesn’t mean the law has caught up to the available technology. Embryo adoption, while legal, has no state or federal laws governing it.
There is still plenty of discussion around the topic of whether or not embryos are legally humans or classified as the property of the donating family. Because of that, each clinic or agency will have a slightly different legal process based on their state’s regulations and the system they’ve set up to complete the adoption. Essentially though, once families have been matched, the donating family will sign paperwork that relinquishes their rights to the embryos and release them to the adopting parents. Once the adoptive parents receive the embryos, those embryos legally belong to them.
The laws may be unsettled, but that shouldn’t scare you from completing an embryo transfer. It should, however, make you more determined to work with an agency or clinic that understands the legal world of embryo adoption or donation. They can help you navigate these legal waters. The laws surrounding an embryo donation and adoption aren’t something you’ll want to deal with on your own. Work with an experienced lawyer, clinic, or adoption agency who can help ensure that everyone’s legal rights have been taken into account. If you have questions about the laws surrounding embryo adoption or would like to find a professional who can help, visit www.embryoadoption.org.
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