Embryo donation is a type of assisted reproduction that can help someone become a parent through vitro fertilization (IVF), where sperm and egg can unite to create a healthy embryo. In some cases of IVF, there may be frozen embryos that remain, which the intended parent will not need. These healthy embryos can be frozen and stored for use by other hopeful parents in need of embryo donation.
Someone hoping to have a child through embryo donation has many medical and legal aspects to think about. An experienced embryo donation lawyer can help clients in Rhode Island understand the embryo donation process, and how to protect important legal rights. Reach out now to schedule a consultation with our knowledgeable and compassionate assisted reproduction law attorney, Teri Robins.
Embryo donation involves the donation of embryos remaining from IVF cycles after an individual or couple has completed their family-building, to allow others to form families of their own. Individuals considering use of donated embryos could include:
Donors generally donate when they are not seeking any more children (in other words, their families are “complete”). Ideally, they should be able to provide at least two successfully fertilized embryos in storage. The embryo selection process generally accounts for the physical attributes of both donor and recipient to ensure they are compatible for successful implantation.
Once a match is found, intended parents will take part in an onboarding process with their clinic. Before the procedure takes place, attorneys recommend that both donors and intended parents complete embryo donation contracts to clear up parental rights for the recipients, lack of parental rights for donors, terms about future communication, and other issues that can arise. A dedicated embryo donation attorney can prepare an agreement under Rhode Island law that protects their client entering into embryo donation, whether they are a donor or recipient.
State law helps clarify the parental rights of both donors and recipients of embryos through assisted reproduction. Under the Rhode Island Uniform Parentage Act, § 15-8.1-702, an embryo donor is not considered a parent of a child conceived through assisted reproduction. Under § 15-8.1-703, an individual consenting to assisted reproduction as an intended parent shall be considered the parent once the child is born.
Rhode Island law also provides for pre-birth orders on parentage for the intended parents, which may be important to ensure parentage is honored everywhere in the U.S. and abroad. To obtain a court order prior to birth, intended parents must show that they entered an agreement before conception or birth, stating their intent to become parents of a child through assisted reproduction.
A lawyer can help prepare or review an embryo donation contract in Rhode Island that clears up any confusion. An effective embryo donor agreement can:
Whether you are a donor or intended parent, Attorney Robins can discuss your goals and how to reach them through an embryo donation agreement.
Advances in science and law now help hopeful parents achieve their dreams through assisted reproduction and embryo donation. To ensure the process goes as hoped, a Rhode Island embryo donation lawyer can create the legal pathway for parenthood through assisted reproductive technology. Contact TR Law Offices today to hear more about how we can help.
