In the United States, embryos are legally considered property rather than people. Because of this, embryo donation and adoption are governed by property laws, meaning that the legal process looks different from a traditional adoption. Additionally, each state has their own laws and regulations governing disposition, custody, and donation of embryos.
Conceptually, however, the practice of parenting a child who is not genetically related to you is the same.
If embryo adoption is not legally an adoption, what is it?
Because of the property laws that govern embryos, the legal term for what is happening is a transfer of ownership. It is important to note that this is different from a sale—selling or purchasing embryos is illegal. This is a voluntary transfer in which the placing family chooses to transfer the ownership of their embryos to the adopting family.
What is an embryo adoption contract?
An embryo adoption contract is the legally binding document signed by both the placing and adopting parents that transfers the ownership of the embryos from one to the other. In addition to the transfer of ownership, this document will typically include a communication agreement, will establish that the adopting parents have legal custody of the resulting children immediately upon birth, and will outline a plan should the adopting family not be able to transfer every embryo they adopt.
Why is an embryo adoption contract necessary?
It is crucial to have a solid contract or agreement in place for an embryo adoption to protect both the placing and adoptive families, as well as the embryos involved.
First, fertility clinics need a clear understanding that they are transferring embryos that legally belong to their patients. Second, it avoids confusion about responsibility and custody after the children are born. Additionally, the communication agreement ensures that both families are remaining in contact at the level that they have decided upon. Lastly, this contract helps ensure that the embryos are well cared for, whether they are all transferred by the adopting family or not.
Without any plan in place for embryos that are not transferred, it is likely that there can be confusion about whose responsibility they are.
Although the paperwork of an adoption may seem daunting and endless, each document serves a significant and important purpose. It is important to work with an embryo adoption service that has thorough paperwork and legally binding contracts, as this will eliminate long-term problems or legal battles down the road for everyone involved.
To learn more about embryo adoption and donation, visit EmbryoAdoption.org.
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