For families exploring options like IVF and surrogacy, embryo adoption a great path toward building a family.
Despite its name, it’s essential to understand that in most states, embryo adoption is not regulated by traditional adoption laws. This distinction can lead to confusion about the legal rights and processes involved.
This article will clarify what embryo adoption law is, how it is regulated, and what intended parents should consider when pursuing this option.
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What is Embryo Adoption Law?
Embryo adoption is another term for the process of embryo donation and is therefore regulated the same.
Embryo adoption agencies often employ traditional adoption best practices and adoption language in their paperwork, but is not regulated by state post-birth adoption laws.
Some embryo adoption programs may require a home study, though this practice is not legally mandated under FDA regulations or state laws. Some states do have laws requiring transfer of parental rights, but none require adoption finalization, which is typically reserved for adoption post-birth.
Instead, embryo adoption falls under FDA regulations regarding the donation and handling of human cells and tissues, and rights to donor embryos are typically covered under property contract law.
FDA regulations separate embryos in two separate categories:
Embryos created for donation: They require that both gamete donors be screened for relevant communicable disease agents and diseases (RCDADs) before the donation.
Embryos already cryopreserved for reproductive use by a couple or individual: They recommend but do not require screening.
Embryo adoption agencies and clinics may also have their own requirements based upon ASRM guidelines.
You can read more about embryo adoption guidelines here.
State-Specific Embryo Adoption Laws
Embryo adoption laws can vary from state to state.
Here’s a brief overview of regulations in a few specific states:
- California Embryo Adoption Laws: While California does not have specific laws governing embryo adoption, agencies operating in the state often require home studies, making the process similar to traditional adoption. A law change in 2021 made it possible for embryos to be donated without naming the genetic parents as legal parents.
- Louisiana Embryo Adoption Laws: Louisiana recognizes embryo donation legally but limits donations only to married couples. Agencies may adopt their guidelines, which could include home studies.
- Georgia Embryo Adoption Laws: Georgia law allows intended parents to finalize embryo adoption in court after embryo transfer, which means that parents can choose to give embryos the rights of a child rather than property before birth.
How Are Embryo Adoption and Donation Different?
Embryo adoption refers to the process where intended parents (IPs) receive embryos created by another couple through IVF. These embryos may be left over from the couple’s fertility treatments and are made available for adoption to help other families conceive.
- Adoption Process: Some agencies treat embryo adoption similarly to traditional adoption, requiring various assessments, including home studies. This can lead to additional steps and expenses that are not necessary in a straightforward embryo donation process.
- Legal Protections: Unlike traditional adoption, embryo adoption lacks the same legal protections under state adoption laws. This means that while intended parents may engage in an adoption-like process, their rights may not be as clearly defined as those in a standard adoption scenario.
Considerations for Intended Parents
When considering embryo adoption, intended parents should be aware of a few important factors:
- Choose the Right Program: Research agencies thoroughly to understand their policies regarding embryo adoption. Some may have unnecessary requirements that could complicate the process, such as home studies.
- Legal Rights: Be aware that the legal protections and rights surrounding embryo adoption differ from traditional adoption. Consulting a legal expert familiar with reproductive law can help clarify your rights.
- Costs: Consider the financial implications of embryo adoption versus traditional adoption or embryo donation. Some agencies may have higher fees due to additional requirements.
Surrogacy with Embryo Adoption
Embryo adoption offers a unique path for families looking to grow through IVF and surrogacy. Understanding the differences between embryo adoption and donation, as well as the regulations and considerations involved, is crucial for intended parents.
If you’re ready to explore embryo adoption or need assistance in navigating your options, we’re here to help.
Reach out to us to get connected to ART attorneys in your area and learn more about your journey toward building your family through embryo adoption. Your path to parenthood is important, and we are dedicated to supporting you every step of the way.
Frequently Asked Questions
What are the problems with embryo adoption?
Challenges include the lack of standardized legal protections, potential additional costs from agency requirements, and emotional factors related to the attachment to the embryos being adopted.
What are the steps for embryo adoption?
The steps generally include choosing an agency, undergoing any required screening or home studies, matching with available embryos, and finalizing the donation process with legal agreements.
Can you adopt abandoned embryos?
In general, abandoned embryos are not legally adoptable. Most embryos are either donated directly by their creators or made available through formal channels.
Does embryo adoption qualify for tax credit?
As of now, embryo adoption does not qualify for the same tax credits as traditional adoption. However, it’s advisable to consult a tax professional for personalized advice on potential tax benefits related to medical expenses incurred during the process.