Embryo Adoption & Donation

How do we determine where we should store remaining embryos? Many clinics will freeze and store your embryos at their facility for an annual fee. Most families choose this option because they have not completed their family building. However, some families have difficulty determining the future for their remaining embryos; donation, destruction, research or leave them frozen. As a result, the number of remaining embryos continues to increase. Each year when a couple receives their annual storage fee invoice, they have another opportunity to face this difficult decision. There are several corporations that have been established specifically to store frozen embryos. But please heed this word of caution: Some centers that offer to store your embryos might require that you relinquish all control once the embryos are in their facility. In addition, certain centers will sell your embryos for profit. When you are making a decision regarding your embryos, it is important to carefully and completely research all of the facility's policies in order to ensure all options for your embryos remain in your control.
What kind of factors influence whether a family is interested in donating their embryos? When a family begins their IVF procedures, they may be either unaware or unconcerned that a surplus of embryos will be created as "insurance" for additional attempts at pregnancy. When their family building using their embryos is completed and they have remaining embryos, they must determine what to do with them. The reactions can range from shock to frustration to guilt when they realize the magnitude of the situation facing them. These feelings can change their previous indifference at discarding the embryos to a sense of protection and concern for them instead.
When considering embryo donation families will find they do have a choice in how to donate their embryos. Some may prefer to donate completely anonymously (except for medical information). Some may wish to have input into the type of family who receives their embryos, but desire minimal contact with the family. Still others are committed to establishing various levels of regular communication with the adopting family.
Agencies, clinics and attorneys will offer some variety of the donation plans mentioned above. It is important that you evaluate your options and choose a provider who will fulfill your donation requirements.
How is embryo adoption different from embryo donation? Embryo donation and embryo adoption programs specifically differentiate themselves by the label of either donation or adoption.
Anonymous donation programs are generally managed by fertility clinics and receive donated embryos to be given anonymously to whomever the clinic chooses. Known donation programs give the donating family the option of choosing the receiving family and mutually determining the level of future interaction between families. Embryo adoption programs regard embryo donation as equivalent to traditional adoption and offer corresponding assistance and services before, during and after the adoption.
However, the clients of both programs use the terms in a different and more generic way. Typically, placing or donating parents tend to use the term 'donation', while receiving or adopting couples tend to use the term 'adoption'. The basis for this is largely psychological.
Donation is used in the sense of 'giving a gift' and offers an emotional separation from the embryos that the phrase 'placing for adoption' does not. Yet for the family wanting to parent the children born from such a gift, the term 'adoption' makes more emotional sense. It is the term that both legally and socially explains the transfer of parental rights associated with traditional adoption. Adoption also helps to describe and explain to their child the way in which they became a family, since children are 'adopted' rather than 'donated'.
Frequently the terms are used interchangably like the words lawyer and attorney.
Why would placing parents choose embryo adoption instead of donation?
- Embryo adoption provides the same safeguards that the traditional adoption process offers.
- The donating family knows that the family they have chosen to parent their child has been screened for a criminal history and child abuse record, as well as educated about how to parent an adopted child.
- The donating parents have the peace of mind of having personally selected a family to raise their genetic child. They also have the opportunity to have contact with the adopting family to whatever extent both families are comfortable. The children, genetic siblings, would also have the opportunity to connect later on if they desired.
What are the benefits of embryo donation through an agency? Embryo adoption agencies, unlike the typical donation program, offer families the same safeguards and education available in a traditional adoption. This includes a homestudy which is conducted for the adopting family and includes criminal screening and adoption education. They allow both the placing and adopting families to participate in the selection of each other. In an anonymous embryo donation, most often, a doctor in a clinic decides to whom embryos are given. An agency recognizes the importance of counseling for all parties involved, especially counseling to the adopting family on the best approaches to educating their child regarding his/her adoption.
An agency already has in place a set of legal documents that can be customized to fit each embryo adoption situation. These legal documents are well organized and contain all of the special considerations for embryo adoption. Embryo adoption is not recognized as an adoption by law, but as an exchange of property. In a standard adoption, the child must be born prior to being adopted.
The adoption agency will also help coordinate the transportation of embryos from the donating family's clinic to the adopting family's clinic in the safest possible way.
An adoption agency will provide the families with post-adoption counseling assistance as well as provide a support network with other embryo donating and adopting families. They will assist in communication between the two families as determined by the families.
Will offering embryos for adoption prevent waiting, available children from being adopted? No. If newborns were available at the same rate as embryos, many adopting families would most likely take the child already born, since there is no guarantee of a pregnancy with embryo adoption and donation. And yet, there are many families for whom the possibility of being able to get pregnant is a crucial factor in their decision to pursue embryo adoption over traditional adoption. It is also important to keep in mind that some families who are looking for newborns may not necessarily be open to adopting children over a certain age or sibling groups, while conversely, families ready to open their homes to a foster situation may not desire to give birth to babies.
Can a family who only has one embryo in storage donate that one embryo to a recipient couple? Yes. Because embryo adoption programs typically work with embryos in varying numbers from more than one clinic, it is possible for a donating family with only one embryo, in conjunction with another donating family with more embryos, to be able to offer that embryo to a recipient couple. In the event that embryos from both families are transferred at the same time and a pregnancy results, a DNA test should be performed upon birth of the child to determine the genetic parents of the child.
Are there families who would be interested in receiving embryos on which there is limited medical background and information? This type of situation can be analogized to the domestic adoption where the birthmother doesn 't know who the birthfather is, and yet the child is still adopted. There are families who are willing to work with a situation where there is limited information available on the embryos being offered.
If we used an anonymous egg or sperm donor when we created our embryos, can we still place them for adoption? If the contract you signed with the donor does not specify that the eggs or sperm are for your personal reproductive use only, you can place the embryos with another family. FDA rules and regulations need to be followed. In addition, you will also need to provide any information you have about the donor (i.e. donor profile). Verification of the donor 's infectious disease screen results must be obtained from either the donor agency or your clinic.
The doctor said our embryos are not good quality. Can we still give them to another family? Yes. Some programs have eligibility requirements for embryos, others do not. Be sure to research all your options.
Does the age of the embryos (date frozen) affect our ability to place them for adoption? There have been no definitive studies proving how long embryos can stay frozen and remain viable. There have been successful pregnancies using embryos that have been frozen longer than 10 years.
Are there limits on the number of times embryos may be donated? It is in the best interests of the children involved that all of a family's embryos be placed with one adopting family in the hopes that one family will give birth to all the siblings from a group of embryos.
Should the adopting family complete their family building without using all of the adopted embryos, the adopted embryos should be returned to the original donating family. It will be this family's decision whether to place the embryos with a second adopting family.
How are donating and adopting families matched? The matching process includes the following steps:
There are additional ways for donating and adopting parents to be matched without an attorney or agency. Some IVF clinics will facilitate the matching process, or matches sometimes come about through word-of-mouth or by searching the Internet. Miracles Waiting, Inc. maintains a website (www.miracleswaiting.org) where parents can post profiles as either donor or adopters. These profiles allow an interested party to find a profile that fits their criteria and make contact through email. When considering these options, keep in mind that an experienced attorney or agency can be beneficial in mediating communication between parties, can provide the safeguards that traditional adoption offers, and offers education and assistance throughout the process.
Is it more important to match according to physical attributes or to other characteristics? Families who are receiving embryos typically want children that will look like their family (with similar heredity).
The donating families are concerned with the physical appearance but are also interested in other characteristics that usually are similar to their own such as education, religion, if the mother will work or stay at home, the number of other children in the family, similar financial security, length of marriage, or age of the prospective parents.
What are the most significant legal issues associated with embryo adoption? The most significant legal issue associated with embryo donation and adoption relates to, first, the unsettled nature of embryo adoption law, and second, the contractual agreements used to legally bind donor and recipient couples.
First, both the donor and recipient couples should acknowledge that the law of embryo donation and adoption is unsettled. There are no federal or state laws specifically governing the adoption of embryos although some states do have laws generally related to embryo donation and/or assisted reproductive technology.
Second, the embryo donation and adoption process involves adoption agreement and relinquishment forms, which are legal contracts between the donor and recipient couples. These forms formalize the genetic parents' relinquishment of their parental rights prior to the embryos being transferred to the receiving mother. Once transferred, the embryos belong to the adopting parents. Parties involved should also note that embryos have a special legal status that is yet to be clearly defined. While many courts are reluctant to classify embryos as property, they also do not characterize them as human beings. As a result, embryo adoption programs may differ in how they define embryos in their legal agreements. Some may refer to embryo donation as a transfer of property while others may incorporate traditional adoption language into their legal documents.
What kind of information will we need to provide about ourselves and our embryos from another clinic? You will need to contact your fertility clinic and have them send you and your donation/ adoption organization the embryology reports and freezing and thawing protocols for the embryos, as well as infectious disease screens for the donating parents (or the egg/ sperm donor). If the embryos were created through gamete donation, you will need to submit a copy of the contract you had with your donor, and the information given to you when you selected your donor.
If we place our embryos for adoption, will we be able to know if a pregnancy occurred for the receiving family? Yes. Each program operates differently, but there are programs which allow you to know if a pregnancy occurred and even receive information about the child after birth if you desire.
Who handles the coordination of the embryos' travel? If you are working with a private embryo adoption provider, the agency or attorney should coordinate travel for the embryos between the two clinics. Otherwise, the donor will need to discuss with the fertility clinic what paperwork is required to have the embryos released and tranferred to another clinic. The donor should also find out what the clinic used to transport the embryos; often clinics use glass ampoules or plastic straws that hold up to six embryos. They must be held in temperature controlled containers in order to preserve them in a frozen state. The embryos can then be shipped overnight via air courier.
In some cases, the recipient may be able to travel to the donor's clinic and have the embryos transferred without the shipping of embryos. Check with the clinic first to find out if they accept patients for this procedure.
What if our clinic doesn't have a dry shipper? The agency or attorney with whom you are working should be able to coordinate the rental of an appropriate shipping container for you.
How willing are clinics to cooperate with embryo adoption? Most fertility clinics have the best interest of their patients in mind and will guide them through their best options. While some clinics refuse to work with embryos from outside clinics, other clinics will provide the service at their patients' request. Some clinics are open to using an outside service to place their patients' unused embryos but will not refer families to receive embryos.
Does it cost anything for the donating parents to place embryos for adoption? Expenses related to placing your embryos for adoption are usually covered by the recipients. The adopting family is not responsible for any expenses you incurred in the creation and storage of your embryos.
Does the adopting family help with any of the fees owed by the donating parents? Typically, adopting families do not pick up any costs prior to having been matched with a donating family. Adopting families do often reimburse donating families for any expenses incurred during or after they are matched. This includes storage and shipping fees, legal costs and any fees associated with medical or psychological screening. These may be included in the overall program fee if done through an experienced agency. Any sort of direct compensation for the embryos themselves is under the legal jurisdiction of each state, and interested partieis should seeks legal advice to determine the applicable laws in their states. In general, such payments are not recommended by the American Society of Reproductive Medicine or the American Medical Association on ethical grounds.
Once donating and adopting families have selected one another, the embryos are shipped to the adopting family's clinic, where the adopting family then becomes responsible for storage costs incurred. Depending on how many embryos a donating family has, if an adopting family completes their family with embryos still remaining, there may be a chance that those remaining embryos would once again become the donating family's responsibility for storage fees and selection of another family.
What are the current FDA requirements for blood tests? The U.S. Food and Drug Administration (FDA) has published regulations regarding human tissue donation that effects embryo donation and adoption. On May 25, 2004, the FDA published final rules addressing donor testing/ screening and good tissue practice. The FDA subsequently issued an interim final rule on May 25, 2005, which amended certain sections of those regulations. For additional information on the rule, see the FDA's web site Question and Answer section at: http://www.fda.gov/cber/rules/hctdnr.htm
Previously, the FDA rules exempted sexually intimate partners engaged in reproductive treatment, from infectious disease testing prior to the creation of their embryos, which were intended for the couple's own use. The interim final rule expanded this exemption, which now permits couples who were not originally screened for infectious disease to donate their cryopreserved embryos to other couples. The regulations do suggest that attempts to test these donor couples should be made before the embryos are transferred to the recipient, but, when testing is not possible, the recipient should at least be advised of the potential communicable disease risk. Given that FDA regulations may change, you should be sure to understand what screening and testing requirements are in effect at the time of your donation.
When issuing the interim final rule, the FDA stated; "We are now adding a new exemption from screening and testing in Sec. 1271.90(a)(4) for cryo preserved embryos that, while originally exempt from the donor eligibility requirement because the donors were sexually intimate partners, are later intended for directed or anonymous donation. When possible, appropriate measures should be taken to screen and test the semen and acolyte donors before transfer of the embryo to a recipient. This change reflects the fact that sexually intimate partners may decide to donate their cryopreserved embryos long after their fertility treatments are completed. Because the embryos were intended for use in a sexually intimate relationship the donors would not have been required to be screened and tested for communicable disease agents at the time that oocytes and semen were recovered. The new provision recommends that appropriate measures be taken to screen and test the semen and oocyte donors before transfer of the embryo to the recipient, when possible.
The current FDA mandated blood tests include:
What counseling should be offered to the donor family as well as to the adoptive family? Counseling is an important component of the services that should be offered in an embryo adoption and, in fact, is specifically included in the American Society for Reproductive Medicine's (ASRM's) guidelines for donating embryos. The type of counseling services made available and offered in an embryo adoption situation should be similar to the counseling services offered for traditional adoptions. For example, local area donating families should be provided with counseling services at no charge. Counseling for local adopting families should be included in their program fees. Referrals should be made for families outside of the geographical area serviced by the agency, clinic, or attorney.
How do we get started? Continue to look through our website to gain more information on embryo donation and adoption and to hear from other people who have donated or adopted. The Personal Experiences section includes individual testimonies. Our Videos inform about the frozen embryo situation and portray the decision making process for donating and adopting families. There is also a list of Articles regarding embryo donation and adoption. Under Finding Help you can find a national resource list of Fertility Clinics, Adoption Agencies and Law Offices.
Please feel free to email or call us with any questions or simply to discuss your situation. Contact Us at 970-663-6799 or email at Info@EmbryoAdoption.org.

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