As a result, as is often the case when tech­nol­o­gy com­plies with the law, it is now up to the law to achieve the advances in med­i­cine. In this way, cou­ples, donors and recip­i­ents, can know what to expect legal­ly when con­clud­ing such agree­ments. While we do not “over­lap” embryo donors and intend­ed par­ents, we can help you nav­i­gate the com­plex legal process­es of embryo dona­tion and adop­tion if you start look­ing for anoth­er par­ty or have found some­one to give/adopt to. We help you devel­op an embryo adop­tion agree­ment that will pro­tect donors and guar­an­tee the parental rights of embryo recip­i­ents. If you‘d like to help oth­er hope­ful par­ents achieve their fam­i­ly dreams, con­tact us now to dis­cuss an MD.C, VA or D embryo donor con­tract. When an embryo donor and a recip­i­ent have found each oth­er, they need sep­a­rate legal rep­re­sen­ta­tion to com­mit to them dur­ing the con­trac­tu­al phase of embryo adop­tion. If both par­ties have accept­ed the terms of the legal con­tracts, own­er­ship of the embryos pass­es from donors to recip­i­ents. This includes end­ing any parental rights of donors that we can man­age. Some pro­grams require the intend­ed par­ents to adopt the embryo. If you are going through an embryo adop­tion, the intend­ed par­ents must be exam­ined and con­duct a home study, as they would if they were adopt­ing a child. The require­ments for par­ents wish­ing to adopt an embryo in D.C., VA or MD are sim­i­lar to those of par­ents who wish to adopt a child, because in both sit­u­a­tions you would have a child who is not genet­i­cal­ly relat­ed to you and who has phys­i­cal, men­tal and emo­tion­al effects that par­ents should under­stand. First, donor and recip­i­ent cou­ples should rec­og­nize that the law on embryo dona­tion and adop­tion is not resolved.

There are no fed­er­al or state laws that specif­i­cal­ly gov­ern embryo adop­tion, although some states have laws that gen­er­al­ly address embryo dona­tion and assist­ed repro­duc­tive tech­nol­o­gy. Adop­tion or dona­tion of embryos is legal­ly con­sid­ered a trans­fer of own­er­ship. An embry­on­ic con­tract is required to con­tin­ue med­ical pro­ce­dures, embryo trans­port and frozen embryo trans­fer. The con­tract will dis­cuss con­di­tions such as what will hap­pen with oth­er unused embryos, exemp­tion from donor fam­i­ly lia­bil­i­ty, con­fi­den­tial­i­ty agree­ments, and adop­tive fam­i­ly rights. (When a child results from the adopt­ed embryos, the adop­tive fam­i­ly can decide at that time whether or not it wants an option­al final exam­i­na­tion of the adop­tion in court.) *This option­al ser­vice is non-refund­able. Beyond the obvi­ous rea­son for sat­is­fy­ing a couple‘s desire for a child, an essen­tial advan­tage for a cou­ple adopt­ing frozen embryos is that dona­tion costs much less than a com­plete IVF treat­ment. Of course, the donat­ed embryo does not con­tain the genet­ic mate­r­i­al of the adop­tive cou­ple, as would be the case for a tra­di­tion­al method of IVF. When a cou­ple fol­lows the in vit­ro fer­til­iza­tion (IVF) process, sev­er­al embryos are often pro­duced and frozen. In some sit­u­a­tions, there may be addi­tion­al viable embryos that are not used, per­haps because the cou­ple has man­aged to com­plete their fam­i­ly or has decid­ed to stop the IVF process.