What is The Difference Between Embryo Donation and Embryo Adoption?

If you have embryos remaining from IVF after your family-building and wish to give them to another couple, or if you are a person looking for embryos to start your own family, you have likely seen the terms “embryo donation” and “embryo adoption.” You might be wondering what the difference is, and which one is right for you.

The answer is that they are just two ways to describe the same thing: receiving an IVF embryo from someone else.  Different people prefer a different term, but there is no legal, moral, or factual distinction from an embryo donation and an embryo adoption.  In fact, both will like require that you have an embryo donation agreement or an embryo adoption agreement.  Note, however, that the use of the word 'adoption' can add confusion, as an embryo donation does not automatically implicate the same legal requirements as a traditional adoption in the standard legal use of the term.

Whether you call it an embryo adoption or an embryo donation, you are going to need an Agreement outlining your responsibilities and removing the potential that the donors will be considered legal parents of any child born from the embryo.  This is going to be different in every state.  If you are considering donating or adopting embryos, reach out to an attorney.

If you have questions about Embryo Adoption or Donation Agreements, contact Gehling Osborn Law Firm.