Embryo donation is an assisted reproduction technique that can help turn dreams of parenthood into reality. When couples have created embryos using in vitro fertilization (IVF), they may create more embryos than they can ultimately use in building their family and may wish to donate embryos to another individual or couple to build their family. In addition to the clinical aspects of such a procedure, intended parents need to consider the legal protections available for both parents and child in Ohio. Where embryo donation is involved, legally binding contracts are typically required to avoid problems after the child is born.
An Ohio embryo donation lawyer can help you understand how the embryo donation process works and how to protect your legal rights. Reach out today to schedule a consultation with our reproductive law attorney and learn more about your next steps.
Embryo donation is a type of assisted reproduction in which an individual donates surplus embryos from IVF cycles for other families to use. As an alternative to destruction of embryos or permanent frozen storage, donors can have their fertilized embryos donated to a couple hoping to start a family.
To qualify for embryo donation, donors must have “complete” families of their own (meaning they are not intending to raise more children), and should have at least two fertilized embryos in storage to increase the odds of a successful pregnancy. Donors are typically counseled as well, to ensure they are emotionally prepared to make the donation. Typically, the embryo selection process seeks to make sure the physical attributes of the donor and recipient are compatible for successful implantation.
Recipients of a donated embryo will go through an onboarding process with their clinic after a match is found. Intended parents will be advised about any risks involved with the procedure and counseled to ensure they are prepared for parenthood. Before implantation of the embryo, there must be completed legal agreements which inform the donor they are relinquishing their rights to parenthood, and to establish parentage for the intended parent(s).
Under Section 3111.97 of the Ohio Revised Code, a woman who gives birth to a child born through a donated embryo shall be treated as the natural mother of the child. The spouse of the mother is legally presumed to be the parent of the child once born. Under Ohio law, the embryo donor retains no parental rights or responsibilities for the child.
Individuals or couples in Ohio seeking embryo donation should work with a lawyer to create written contracts to clarify the legal rights and obligations of all parties. A donor agreement can achieve any or all of the following:
For those planning for parenthood through embryo donation, it is difficult to know what to expect. An experienced embryo donation attorney will know how to prepare prospective parents and protect their legal rights.
Advances in science and law have helped people become parents through embryo donation, with parentage rights established at birth. To ensure the process goes smoothly, an Ohio embryo donation lawyer can help you understand the law, prepare binding contracts, and avoid complicated legal problems that sometimes arise after a child is born through assisted reproductive technology. Contact TR Law Offices today to learn more about how we can help.
