In modern times, reproducing has become more than between just a man and a woman. It often involves a man, a woman, and a team of doctors and medical personnel. During one of these processes, known as in vitro fertilization, a woman has a number of her embryos frozen. After implanting some of the embryos, there are inevitably many frozen embryos unused when the process is complete.
The woman in this situation has a variety of options when it comes to what is done with these embryos. The embryos can be frozen and kept, destroyed, used for research, or they can be donated. The donated embryos go to women who are unable to conceive and can done anonymously, or, at some clinics, can be done with open lines of communication between the one receiving the embryos and the one donating them. A recent article details the story of one couple who were previously unable of conceiving were saved by embryo donation. Today, more than one percent of babies born in the United States have been born using reproductive technologies. In fact, the Centers for Disease Control and Prevention stated that 6.7 million women in American between the ages of 15 and 44 were infertile in 2010. As a result, it is not a stretch to imagine how much more common it has become for couples to use alternative means of reproducing.
Reproductive Law
The law regarding embryo donation has a complicated history. The combination of a controversial program but into place by the Bush Administration and a report by the American Society for Reproductive Medicine Ethics Committee determined that the preferred term in the reproductive technology community for donating embryos is “embryo donation” as opposed to “embryo adoption.” The process is more like donation than adoption, except for the screening process. In order for a donation recipient to get the embryos, they must undergo a screening process that includes a variety of aspects such as a home study and an application. After they have passed that process, there need not be any action or finalization in court. Indiana law provides that in an embryo donation situation, the woman who gives birth to the child is the legal mother and the father is the man she is married to, if she is married. As of today, Indiana law looks positively upon embryo donation and will likely continue to evolve in this area of law.
Reach Out to a family Law Attorney
If you or someone you know is considering adoption, surrogacy, or embryo donation or any other similar situations, it is important that you contact an attorney immediately. An experienced family law attorney can help you navigate the complicated legal process to ensure that you get the result you hope for. Contact our office to see how we might be able to help you in your goal of having a child, getting a divorce, getting custody after a divorce, or any other family law issues. Our office deals with all kinds of family law issues and we hope to help you in your endeavors.