Embryos (generally left over after a couple or individual has completed their IVF efforts) can be donated via an agreement. The agreement can address what will happen to the embryos in the future, such as restrictions on future donation or a prohibition on destruction of the embryos.

Embryos can also be adopted. An embryo adoption follows the framework of an adoption of a child and involves matching by an agency after the intended parents undergo criminal and child abuse clearances and a home study. The adoption can also involve an agreement regarding post-adoption contact.

As of February 15, 2021, the Child Parent Security Act will allow the recipients of donated/adopted embryos to pursue a parentage proceeding to confirm their parentage of the resulting child(ren).

Couples or individuals who do not donate or adopt out their embryos after they have finished creating their family also need to consider how they will be treated in the event of a divorce or upon their passing. The disposition of frozen eggs, embryos, and sperm should be addressed in an agreement between the parties.

The content on this webpage is intended for informational purposes only and not for the purpose of providing legal advice. Every situation is different and should be carefully discussed with an attorney before taking action.