Modern medical technology has created new opportunities for those who want to expand their families. People who have struggled to conceive naturally and those in same-sex marriages might need to consider in vitro fertilization (IVF) procedures or surrogacy.
Both of these options can help people who want to grow their families overcome reproductive challenges. Typically, both IVF and surrogacy require the creation of numerous viable embryos. Regardless of whether the fertility professionals use gametes collected from the aspiring parents or from donors, the goal is usually to produce and store adequate embryos to ensure successful surrogacy or IVF.
Couples may have unused embryos remaining in storage after a successful round of IVF or a completed surrogate pregnancy. Who has authority over those remaining embryos when additional reproductive services are not necessary for a family?
Couples set terms for embryos early
The process of negotiating contracts with medical professionals who provide assisted reproduction services is quite extensive. The process requires numerous disclosures and the establishment of clear standards for different aspects of assisted reproduction.
The aspiring parents typically have to include specific terms regarding their remaining embryos in a number of different circumstances. For example, they may have different preferences in a situation where IVF is successful versus a situation where one spouse dies or the couple divorces.
Couples typically select from one of three main options. The first is to continue storing the embryos, which comes with a cost. Eventually, they may choose to attempt another round of IVF or make a different plan for their remaining embryos.
It is also somewhat common for couples to donate their remaining embryos. Donations can involve direct donations to friends or family members who also need to pursue assisted reproduction. People can donate embryos for others who may not have healthy gametes to produce their own embryos.
Some couples choose to destroy their remaining embryos instead of continuing to pay to store them or allowing their genetic children to go to different parents. Factors ranging from religious beliefs to household finances can impact which option is best.
Given the emotional and financial consequences associated with each of these options, couples may need to discuss these choices with one another and with someone familiar with the legal challenges of assisted reproduction. Having appropriate plans in place for a variety of different circumstances can help people begin the assisted reproduction process with greater confidence.