Embryo Donation as a Family Building Option: Understanding the Legal Considerations

Embryo donation is growing in popularity among couples and individuals who are looking to start or grow their families. According to the American Society for Reproductive Medicine (ASRM), in 2018, there were over 1,000 embryo donation cycles in the USA. This number has likely increased since then as more people become aware of this option and more clinics offer the service. Nevertheless, it is important to understand the legal considerations surrounding this option, including the laws and regulations governing embryo donation in the United States and on your specific state of residency.

I. Introduction to Embryo Donation

Embryo donation is the process of legally transferring ownership of an embryo or several from one family or person to another family or individual. This can be done either anonymously, usually with the help of the patient’s fertility clinic or with the help of a third-party agency, or it can be done knowingly, which is called a “Know Embryo Donation” in which you can find a match through a service like Miracles Waiting who helps families find each other by providing a match service similar to the service of an online dating website or also some other means, like some fertility clinics also offer a known embryo donation. But whatever way you find your embryos, and go through the legal and medical process, the donated embryo is now yours.

When your frozen embryo transfer (FET) day comes, your embryo(s) will be thawed at your fertility clinic and transferred to your uterus, where it will hopefully grow into a pregnancy.

II. Legal Considerations for Embryo Donation

In the United States, the laws and regulations surrounding embryo donation are complex and can vary from state to state. Some states have specific laws regarding the donation and transfer of embryos, while others follow more general medical regulations. Additionally, the legal rights and responsibilities of the donor, recipient, and any resulting children can vary based on the agreement between the parties involved.

It is important to consult with a legal professional to understand the specific laws and regulations governing embryo donation in your state, and to carefully consider the legal implications of this option before proceeding.

III. Conclusion

Embryo donation can be a viable option for couples and individuals looking to start or grow their families. However, it is important to carefully consider the legal considerations involved, and to seek the advice of a legal professional to ensure that you fully understand the implications of this choice.