In this article, we are going to cover what is embryo adoption, and some other questions related to embryo adoption including the requirements, the process, and costs.

So what is embryo adoption? When someone does IVF (in vitro fertilization), the process involves fertilizing an egg with a sperm. Once this process is done and fertilization occurs, embryos are created. These embryos are then implanted in the woman either fresh or they are frozen for future transfers. At times there might be embryos remaining than the woman/couple need. The woman/couple might decide after using the embryos that they desire, to give these ‘extra’ embryos to another woman/couple who wish to have children. Like this the woman/couple would be ‘donating’ their embryos. The receiving woman/couple would then ‘adopt’ these embryos as their own. Through a legal process, the embryos would then become ‘the property’ of the receiving woman/couple. The woman would then have the embryo/s transferred, and is able to carry the embryo to full term to have a child.

Something to note is that this process of embryo adoption is not governed by adoption law, as adoption law is all about adopting a live child. Embryo adoption is governed by ownership law – where the embryo/s become the ‘property’ of the receiving woman/couple through a legal contract. When eventually the receiving woman gives birth, she is the legal parent. The birth certificate would reflect this, having the names of the receiving parent/s.

What is embryo donation?

Sometimes you might have heard the phrase embryo donation. This is a term used to describe the same as embryo adoption, but sometimes a legal contract is not drafted and the process becomes a ‘donation’ from one family to another. It also depends from agency to agency, as some agency’s prefer to call the process embryo donation but still draft a legal contract. It is best to always have a legal binding contract.

What are the costs?

Costs would vary, but in general the donating woman/couple won’t pay any fees. All the fees are paid by the receiving woman/couple. The fees might include an agency fee, a home study fee, any fees connected to the home study such as police record checks, finger prints. Then there would be the costs in relation to the embryos – so freezer bills for the embryo/s, medical fees for pre-transfer tests and consults and medications, and fees for the transfer. There might be some costs in relation to either transporting the embryos to a fertility clinic close to the receiving woman, or else for the receiving woman to travel to the fertility clinic where the embryo/s are stored.

Is there contact between the families – closed vs open adoption

Closed adoption is a term to refer to no contact between the donor family and the receiving family. This is a choice that the donor family would make, and it would be an anonymous donor. The donor family can still communicate their stipulations to the agency as to their preference of a receiving family. This could be in terms of religion, culture, geography, etc. In addition, the receiving family would still communicate with the agency about a live birth and send pictures periodically. Then, once the child/children is/are of legal age, they can try to reach out to the donor family if this is their wish.

Open adoption is where there is some kind of contact between the donor family and the receiving family. The type of contact is usually negotiated during the legal contract – it could be contact in the form of letters and pictures, or meeting in-person every so often, or video-calls. Open adoption has many benefits, which is discussed in a separate blog post.

In relation to open adoption, most often there is a process where the donor family and receiving family have a meeting where they ‘approve’ each other. This is usually done in the presence of a third party – so usually someone from the agency. Sometimes a donor family might choose to give their embryos to a particular family they already know. In this case, I would still recommend drafting a legal contract.

What information will receiving family get about the donor family?

The donor family would fill in a detailed questionnaire which covers such things as their physical characteristics, medical history, education, hobbies. This is then shared with the receiving family. This is important information to have for the child – especially as it relates to medical history.

Can the donor family change their mind?

The short answer is no. Once there is a legal contract drafted and the embryos are legally transferred to the receiving woman/couple (as in they become the ‘property’ of the woman/couple), then the donor family are relinquishing any rights to the embryo/s and any resulting children.

Does the child resemble receiving family?

The agency usually works closely with the receiving family to try to ‘match’ the embryos to the receiving family, such as race and ethnicity. The benefit of this is that there is a cultural match.

Are there any restrictions for embryo adoption?

This varies from agency to agency, and also from fertility clinic to another. Some have an age limit for the woman (usually up to the age of 45), and also a combined age limit for the couple (usually cannot exceed 100 years). Some agencies also require a home study, including police record checks, welfare record checks, financial means to raise a child/children, medical history. These requirements are to ensure as much as possible that the embryos go to a family who are able to raise children in a safe nurturing environment.

What is the process like for embryo adoption for the receiving family?

This varies, but in general:

• First the receiving woman/couple would connect with an agency that does embryo adoption. This could be local or not.
• Depending on the requirements of the agency, there can be a consult and a questionnaire.
• Pay any fees in relation to the agency – usually registration fee, agency program fee.
• Complete a home study – some agencies do not require this.
• Matching families. The agency does this work, as part of their agency fee. This might include a meeting between families, if it is an open relationship adoption.
• Drafting of legal contract.
• Embryos are legally transferred to receiving woman/couple (become the ‘possession’ of).
• Then the next steps are in relation to the transfer of the frozen embryo – so following up with the fertility clinic where the embryos are stored to see their requirements. Usually it is a set of medical tests and medication, and then scheduling of the embryo transfer.
• Sometimes embryos can be transferred/transported to a fertility clinic closer to the receiving woman. There are professional organizations who handle this transportation.