understanding
Embryo Adoption +
the Donation Process
The process of embryo donation/adoption allows the genetic parents of the frozen embryos to transfer their legal rights to an embryo to another couple who seek to adopt the embryo and subsequently parent the child.
When a couple undergoes in vitro fertilization (IVF), several embryos are created, usually more than will be needed. The remaining embryos are frozen and often stored for a long time. Once the legal parents of an embryo decide that they will not use the remaining embryos, they have basically three options: discard the embryos, donate them for research or donate to another couple. The process of embryo donation/adoption allows the genetic parents of the frozen embryos to transfer their legal rights to an embryo to another couple who seek to adopt the embryo and subsequently parent the child. Upon receipt of the donated embryo, the recipient proceeds with the second half of the IVF cycle. Embryo donation/adoption in Indiana is very complicated due to the fact that there are no statutory procedures governing the process. As such, it is very important to contact an assisted reproductive technology lawyer to help in the process from the very beginning.
Embryo donation & adoption
Frequently Asked Questions
Are you required to have an attorney?
Indiana law does not require that each party to a contract be legally represented as we do not have a statute that addresses embryo donation. However, it is best practice to be represented by an attorney with experience in embryo donation. In fact, most medical facilities will require that both the donor and the recipient are legally represented.
What is typically included in an embryo donation contract?
Embryo donation contracts can be very detailed and complicated and will contain a wide variety of contents. However, a well written contract will at a minimum unambiguously set forth the parties intentions and include subjects such as future contact, compensation, confidentiality, custody, disposition of genetic material, parental responsibilities and cooperation in any future legal proceedings, if necessary.
Adoption + surrogacy is
Our Speciality
At Herrin & Leach, we have the necessary experience in reproductive law in the state of Indiana. We offer free, no obligation consultations for all of your Assisted Reproductive Technology questions. Protect yourself today and contact our office before making a decision about embryo adoption and donation.
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While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a a free, confidential meeting with a Nate, please call 317-566-2174 or complete the form below.