Recipients may achieve parenthood through use of donated embryos. Following an IVF cycle, a couple or individual may have one or more cryopreserved embryos remaining. At some point thereafter, they may choose to donate the embryos to another couple or individual. These donations take place without compensation to the Donor. The donated embryos may then be implanted in the uterus of the Recipient Mother or a Gestational Carrier and carried to delivery.
Deciding to donate or receive embryos can be difficult and emotional. Our office has represented both Embryo Donors and Embryo Recipients and can handle the legal process in its entirety.
Embryo Donation Arrangements (also known as Embryo Adoptions) are authorized by statute in the State of Texas. Prior to proceeding forward in an Embryo Donation Arrangement, the Embryo Donors and Recipient Parents enter into an Agreement which sets forth the rights, privileges, duties and obligations of each party to the Arrangement. These Agreements typically set forth provisions for the transfer of the embryos to Recipient Parents, limitations on a Recipient Parent’s ability to transfer or destroy remaining embryos, and possible provisions for unenforceable contact between the parties and genetic siblings, if all parties are in agreement. The parties also execute consent affidavits, which confirms parentage in Recipient Parents. Because Embryo Donor Arrangements are protected by statute, no legal proceedings are necessary to establish parentage unless Recipient Parents are using a Gestational Carrier.