If you are considering embryo adoption it is important to consider the rights of future conceived children. These rights could effect who legally owns the embryo after the owner passes away. Issues like these are unique compared to traditional adoption, and the rules for the two are not always the same.
As a preliminary matter, it is important to note that embryo adoption is not legally adoption. Adoption is defined as the placement of a live child after birth. Therefore, embryo adoption is governed by contract law, not adoption law.
What are the rights of future children conceived with donated embryos?
The rights of future children are the same regardless of if they are conceived naturally or with donated embryos. When birth is given to a donor embryo conceived child, the names of the “adopted” parents will be on the birth certificate as the parents of the child. The distinction between natural conception and a donated embryo-conceived child is a distinction without a difference, for legal purposes.
Who owns an embryo after the owner passes away?
As explained above, this is a matter of contract law and depends on the terms in the contract. Typically, the contract and relinquishment forms are such that the genetic parents have no legal claim once the embryos have been transferred. Therefore, the possessor of the embryo is likely the owner, subject to the terms in the contact.
