Many couples addressing fertility issues attempt to conceive through in vitro fertilization (IVF) and related techniques. During IVF treatments, couples harvest multiple eggs and generally produce more than one embryo. Any embryos not used in the first procedure are frozen for future attempts. If the couple conceives and delivers a child and later decides that their family is complete, they may not use all of the stored embryos. The couples then have the difficult decision of what to do with these unused embryos. Some couples may decide to have the remaining unused embryos donated or placed for adoption. This can be done either through private medical providers or agencies established to assist with embryo adoption.
Embryo adoption is a relatively new process in which couples that have frozen embryos agree to "donate" them to another individual or couple. The recipients of the frozen embryo wish to conceive and deliver the child and become that child's legal parents. The adopting family may either be known to the donors or may maintain anonymity. The issue of "openness" is similar to that in a traditional adoption process and will be determined by the desires of the donating parents and the adoptive family.
With embryo adoption, the adopting mother must be able to carry a child full-term. This is different from a surrogacy situation, in which an agreement is made for embryos to be transferred into a woman and she then carries the baby for the benefit of the intended parents. With embryo adoption, the adoptive mother carries the child or children. The donating couple transfers or relinquishes parental rights to any children born from the embryos before the embryos are implanted into the adoptive mother. Once responsibility for the embryos has been legally transferred to the adoptive family, all responsibilities for the embryos and any resulting children are legally the adoptive families.
With some programs, a family must complete an embryo adoption home study before they can be matched with a donating couple. This type of home study is similar to that completed for a domestic or international adoption and addresses some additional issues related to the procedure used to conceive.
Because of the complexity of the legal issues involved, families considering this option must consult with a lawyer with experience in this area as well as with an ethical medical provider and/or donation center. Contact Rhonda Fishbein.
Rhonda Fishbein
Attorney at Law
2849 Paces Ferry Road SE
Suite 215
Atlanta, GA 30339-3769
Phone: 770-437-8582 | Facsimile: 770-437-1197
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