Embryo Donation – The Fertility Law Firm
Embryo Donation 2017-12-01T09:56:12+00:00


Embryo Donation is a form of assisted reproductive technology in which previously formed embryos (created for another individual or couple who previously underwent treatment and who no longer wish to use those embryos to build their family) are donated to potential Intended Parents.

When couples go through fertility treatments, such as in vitro fertilization, there are usually an excess of fertilized eggs (embryos) that are frozen and stored for later use. When the parents decide that their family is complete and embryos are still available, many couples opt to donate them to a couple or individual who is unable to conceive.

There are two types of embryo donation: known (open), and anonymous. In a known donation the donor couple takes part in the selection of the couple who will receive their embryos. Some unique issues that need to be addressed in known embryo donation are: If the donor couple has children, will the children be told about the donation? And if the donor cycle is successful, will the children have contact with one another?

In an anonymous donation, the IVF clinic usually selects the recipient couple. The clinic tries to match the donor and recipient in terms of ethnicity, physical characteristics and possibly religion. Unique issues related to anonymous donation include: The donor couple may never know if a pregnancy or birth occurred. The donor couple needs to decide if they will tell their children that they may have a genetic sibling being raised by another couple. In some cases, the clinic will use one donor for two different recipients or two donors for one recipient if there are few embryos from each donor. Most often, however, only one recipient couple is used.

We have experience documenting both open and anonymous embryo donation agreements and can guide clients through the multitude of questions that arise in these donation arrangements. We understand the nuances of evolving area of the law, and the emotions, care and concern each intended parent experiences whether as an embryo donor or an embryo recipient.

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