Embryo Donation

Florida is a good state for enforcing embryo donation contracts.

What is Embryo Donation?

It is estimated there are over 600,000 embryos in frozen storage in the U.S. A small percentage of those embryos will be donated to other individuals who want to use embryo donation. Sometimes called a “secondary donation,” many infertility patients have “leftover” frozen embryos that they transfer to other patients once they have completed their own families. Embryo recipients may have undergone previous unsuccessful infertility treatment and/or explored other options like egg donation, but may choose embryo donation because of financial, ethical or religious reasons.

When to Seek Legal Representation if You are Donating or Receiving Embryos

All Parties to an embryo donation will want independent legal representation. Generally speaking, the transfer of genetic material from one to another is fraught with legal and ethical land mines. The last thing that a recipient will want to endure is a future claim by the so-called donor who has changed his or her mind. A common misconception is that medical consents will permit a transfer to occur. Well, it will permit the transfer to occur, it will not, however, confirm who the legal Parents are of the child born of those embryos. It is imperative that the transfer be done in an legally responsible fashion to provide for an orderly and predictable future.

Recently some Agencies have been promoting their so-called embryo adoption programs. Strictly speaking, Intended Parents need be aware that there is no legal construct called embryo adoption as the adoption statutes do not include embryos. The transfer of embryos is governed by the same rules as an egg donation.