Embryo Donation in Virginia
By Colleen Quinn, Esquire
The Adoption & Surrogacy Law Center
Embryo donation typically occurs when a couple has finished family building and has left over frozen embryos. Although the term “embryo adoption” is sometimes mentioned, that is not a proper term under Virginia law (and actually is not a proper term under the laws of most states). In Virginia, an embryo donation agreement is really a combination egg and sperm donor agreement. Like all donor agreements, typically an agreement solely with the fertility clinic (and not directly as between the donors and the recipients) does not cover all of the issues adequately as between the parties. Important issues in such agreements include:
– Were the donors offered the opportunity to have legal counsel and do they fully understand the legal aspects of donating?
– Are there any mechanisms in place for the recipients to be able to contact the donors for medical or genetic information regarding the child in the future?
– Is there any mechanism in place for the donors to be able to contact the recipients – even if through a third party – to share any newly discovered medical or genetic information regarding themselves or their children?
– Do the donors plan to register with any state or federal donor registry if and when such a registry comes into existence?
– Have all payments made, if any, been lawful?
– What opportunity has been provided for having full background information regarding the medical, educational, national origin and other background information regarding the donors? To what extent has the information been certified or validated?
Whether the embryo donation is known or anonymous, it is important to have an embryo donation agreement in place that adequately addresses the rights of the parties and any future contingencies.
See also: Recommended Adult Books for Parents Who Conceive Children Through Assisted Reproductive Technologies and Recommended Children’s Books for Children of Assisted Reproductive Technologies