Legal Definitions - embryo adoption

Embryo adoption is a process where cryopreserved (frozen) embryos, which were created by one individual or couple (the genetic parents) through assisted reproductive technology, are transferred to another individual or couple (the adoptive parents). The adoptive parents then carry the pregnancy to term and raise the resulting child as their own.

Legally, embryo adoption involves the relinquishment of parental rights by the genetic parents and the assumption of full parental rights and responsibilities by the adoptive parents. This is similar to traditional adoption, but the transfer of parental rights and the formation of the family unit occur at the embryonic stage, before birth. The adoptive parents are considered the legal parents of any child born from these embryos.

• Example 1: After successfully having two children through in vitro fertilization (IVF), Maria and Alex have three remaining frozen embryos. They decide their family is complete and, rather than discarding the embryos, choose to donate them through an embryo adoption program. Another couple, Sarah and Ben, who have been unable to conceive due to combined infertility issues, are matched with Maria and Alex's embryos. Sarah undergoes the embryo transfer procedure, becomes pregnant, and gives birth to a healthy baby.

  Explanation: This illustrates embryo adoption because Maria and Alex (the genetic parents) are relinquishing their embryos, and Sarah and Ben (the adoptive parents) are receiving these embryos to carry a pregnancy and raise the resulting child as their legal offspring, establishing full parental rights.

• Example 2: David, a single man, wishes to become a parent but cannot use his own genetic material and prefers to avoid traditional surrogacy arrangements. He explores various family-building options and ultimately chooses embryo adoption. Through a specialized clinic, he is matched with embryos donated by an anonymous couple who had completed their family and wished to help others. A gestational carrier (surrogate) carries the pregnancy for David using one of the adopted embryos, and David becomes the sole legal parent of the child upon birth.

  Explanation: This demonstrates embryo adoption as David is receiving donated embryos from genetic parents, and although a gestational carrier is involved, David is the intended adoptive parent who will assume full legal responsibility for the child born from these embryos, fulfilling the definition of transferring embryos for the purpose of creating a family.

• Example 3: Emily and Jessica, a same-sex couple, dream of having a child. Due to medical reasons, Emily cannot use her own eggs, and Jessica is unable to carry a pregnancy to term. They decide to pursue embryo adoption as a path to parenthood. They are matched with embryos donated by a couple who had completed their family and wanted to give their remaining embryos a chance at life. A gestational carrier is then used to carry the pregnancy using one of these adopted embryos, and Emily and Jessica are recognized as the legal parents of the child born.

  Explanation: This example showcases embryo adoption because Emily and Jessica are receiving embryos created by another couple. Despite using a gestational carrier, they are the adoptive parents who will raise the child born from these embryos, highlighting the transfer of embryos and the assumption of legal parentage by the recipient couple.