US Frozen Embryo Disposition Resources in United States
US Frozen Embryo Disposition Resources
Gamete (Egg/Sperm) and Embryo Disposition
State laws on embryo disposition may address one or more of the following areas:
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Advanced written directives prior to the creation of frozen embryos
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Embryo disposition in the event of divorce or death involving a couple that has donated eggs, sperm or had embryos in vitro fertilized
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Options for disposition of unused embryos, including storage, disposal, donation to scientific research and adoption
For information state laws on embryo adoption only, please see the statute sections below followed by the symbol “a.”
| State | Statutes |
| California | California Penal Code § 367g prohibits the use sperm, ova, or embryos in assisted reproduction technology in a manner other than stated on the written consent form of the provider of the sperm, ova or embryos. The statute also requires signed written consent to implant embryos or gametes. The use of sperm donated to a licensed tissue bank is excluded. California Health and Safety Codes § 125315 requires health care providers to give infertility patients the necessary information to make an informed and voluntary choice regarding the disposition of any human embryos remaining following the fertility treatment. Patients must receive a form that to set forth advance directives for the disposition of frozen embryos. Patients must be offered several options, including storing any unused embryos, donating them to another individual, discarding the embryos, or donating the remaining embryos for research. The State Department of Health Services must establish and maintain a registry of embryos that would provide researchers with access to embryos for research purposes. The law specifies requirements for obtaining informed consent from an individual considering donating embryos for research. aCalifornia Probate Code § 249.5 thru 249.8 states that a child conceived and born after the death of a parent shall be deemed to have been born in the lifetime of the deceased parent as long as the deceased parent consented to the use of the genetic material or the child was in utero within two years of decedent’s death. If the child meets one of these qualifications, he/she will be entitled to death benefits from that parent.2006 Cal. Stats., Chap. 483 requires a physician and surgeon, prior to obtaining informed consent from a subject for assisted oocyte production or other method ovarian retrieval for retrieving eggs for research or medical therapies, to provide the subject with a standardized written summary of health and consumer issues and to obtain written and oral informed consent. Prohibits human oocytes or embryos from being acquired, sold, offered for sale, or otheriwse transferred for valuable consideration for medical research or therapies.2006 Cal. Stats., Chap. 806 requires a person who causes conception through assisted reproduction to submit to the jurisdiction of the courts of CA. Permits a person who enters an assisted reproduction agreement to bring an action to establish a parent and child relationship. Permits the court to enter an order or judgement based on that action before the birth of the child and to consider a parent’s criminal record prior to the felony conviction in making a finding that a parent is unfit to have future custody or control. |
| Colorado | Colorado Rev. Stat. § 19-4-106 relates to parentage issues. The law clarifies the status of eggs, sperm, or embryos in case of marriage dissolution. In addition, the law states that the consent of a former spouse to assisted reproduction may be withdrawn by that individual in a record at any time before placement of eggs, sperm, or embryos. The law also clarifies that if a spouse dies before placement of eggs, sperm, or embryos, the deceased spouse is not a parent of the resulting child unless the deceased spouse consented in a record that if assisted reproduction were to occur after death, the deceased spouse would be a parent of the child. a |
| Connecticut | Connecticut General Statutes §19a- 32d through 32g requires a healthcare provider delivering fertility treatment to provide information patients about disposition of embryonic stem cells or embryos following treatment. Patients must be given the option to donate embryos to research, donate embryos to another couple, store embryos, or otherwise dispose of embryos or embryonic stem cells. Written consent to donate embryos, embryonic stem cells, eggs or sperm to research is required. |
| Florida | Fla. Stat. Ann. § 742.14-742.17 requires written agreement that provides for the disposition of a couple’s eggs, sperm, and pre-embryos in the event of a divorce, the death of a spouse, or any other unforeseen circumstance.Fla. Stat. Ann. § 63.212 relates to preplanned adoption agreements, which includes the use of “fertility techniques,” which are defined as artificial embryonation, artificial insemination, whether in vivo or in vitro, egg donation, or embryo adoption. a |
| Louisiana | La. Rev. Stat. Ann. § 9:391.1 declares that any child conceived after the death of a decedent, who specifically authorized in writing his surviving spouse to use his gametes, shall be deemed the legitimate child of such decedent, provided the child was born to the surviving spouse, using the gametes of the decedent, within two years of the death of the decedent. Any heir of the decedent whose interest in the succession of the decedent will be reduced by the birth of a child conceived shall have one year from the birth of such child within which to bring an action to disavow paternity.La. Rev. Stat. Ann. § 9:126 An in vitro fertilized human ovum is a biological human being which is not the property of the physician which acts as an agent of fertilization, or the facility which employs him or the donors of the sperm and ovum. If the in vitro fertilization patients express their identity, then their rights as parents as provided under the Louisiana Civil Code will be preserved. If the in vitro fertilization patients fail to express their identity, then the physician shall be deemed to be temporary guardian of the in vitro fertilized human ovum until adoptive implantation can occur. A court in the parish where the in vitro fertilized ovum is located may appoint a curator, upon motion of the in vitro fertilization patients, their heirs, or physicians who caused in vitro fertilization to be performed, to protect the in vitro fertilized human ovum’s rights. aLa. Rev. Stat. Ann. § 9:130 An in vitro fertilized human ovum is a juridical person which cannot be owned by the in vitro fertilization patients who owe it a high duty of care and prudent administration. If the in vitro fertilization patients renounce, by notarial act, their parental rights for in utero implantation, then the in vitro fertilized human ovum shall be available for adoptive implantation in accordance with written procedures of the facility where it is housed or stored. The in vitro fertilization patients may renounce their parental rights in favor of another married couple, but only if the other couple is willing and able to receive the in vitro fertilized ovum. No compensation shall be paid or received by either couple to renounce parental rights. Constructive fulfillment of the statutory provisions for adoption in this state shall occur when a married couple executes a notarial act of adoption of the in vitro fertilized ovum and birth occurs. aLa. Rev. Stat. Ann. § 9:133 Inheritance rights will not flow to the in vitro fertilized ovum as a juridical person, unless the in vitro fertilized ovum develops into an unborn child that is born in a live birth, or at any other time when rights attach to an unborn child in accordance with law. As a juridical person, the embryo or child born as a result of in vitro fertilization and in vitro fertilized ovum donation to another couple does not retain its inheritance rights from the in vitro fertilization patients. a |
| Maryland | Md. Ann. Code art. 70, § 83A, s 5-2B-10 Provides individuals with information on embryo adoption. aMd. Ann. Code Business and Economic Development §5-2B-10 requires a health care providers delivering fertility treatment to provide patients with the option to store, discard, donate embryos to research, donate embryos for adoption, or donate embryos to the fertility clinic for clinical purposes. Written consent is required for donation to research, and unused oocytes (eggs) may not be donated to state-funded research. a |
| Massachusetts | Mass. Gen. Laws Chapter 111L states that a physician who provides a patient with in vitro fertilization therapy must provide the patient with information sufficient to allow that patient to make an informed and voluntary choice regarding the disposition of any pre-implantation embryos or gametes remaining following the treatment. The physician must present the patient with the options of storing, donating to another person, donating for research purposes, or otherwise disposing of or destroying any unused pre-implantation embryos.a |
| New Jersey | N.J. Stat. Ann. §26:2 Z-2 A person shall be presented with the option of storing any unused embryos, donating them to another person, donating the remaining embryos for research purposes, or other means of disposition.a |
| New York | 10 NYCRR 52-8.7 Embryos shall not be created for donation by fertilizing donor oocytes with donor semen, except at the request of a specific patient who intends to use such embryos for her own treatment. Embryos shall not be created using semen or oocytes of client-depositors or directed donors who are blood relatives of the other gamete provider to a degree that their sexual contact would constitute incest under New York State law. 10 NYCRR 52-8.8 (a) Reproductive tissue banks shall obtain written informed consent from the donor for participation in the donation program, after the director or a designee has provided information to the donor on the procedures for collection, storage and use of semen, oocytes or embryos, and the risks of any drugs, surgical procedures and/or anesthesia administered. The rules includes criteria for informed consent. |
| North Dakota | N.D. Cent. Code § 14-20-64 Defines the effect of dissolution of marriage or withdrawal of consent regarding embryo donation.N.D. Cent. Code § 14-18-03; 14-18-07 clarifies legal parentage of a child conceived after invalidity or annulment of marriage or death of spouse. |
| Ohio | Ohio Rev. Code Ann. 3111.97 Defines parental rights in embryo donation and adoption. a |
| Oklahoma | Okla. Stat. tit. 10, § 554 Any child or children born as a result of a heterologous oocyte donation shall be considered for all legal intents and purposes, the same as a naturally conceived legitimate child of the husband and wife which consent to and receive an oocyte pursuant to the use of the technique of heterologous oocyte donation.Okla. Stat. tit. 10, § 555 An oocyte donor shall have no right, obligation or interest with respect to a child born as a result of a heterologous oocyte donation from such donor. A child born as a result of a heterologous oocyte donation shall have no right, obligation or interest with respect to the person who donated the oocyte which resulted in the birth of the child.Okla. Stat. tit. 10, § 556 authorizes human embryo donations and transfers. The law requires certain techniques to be used by physicians. It requires written consents and confidentiality. This statute relates to children; authorizes human embryo donations and transfers; requires performance of certain techniques by physicians; prohibits certain activities; requires written consents; specifies certain procedures; requires confidentiality; specifies legal status of certain persons; provides that certain donations and transfers are not trafficking in children; specifies conditions; provides for codification; and declares an emergency. a |
| Texas | Tex. Family Code Ann. § 160.001, et seq. creates the Uniform Parentage Act and describes various aspects of determination of maternity and paternity as well as parentage. The law requires a man and woman to sign consent to assisted conception. If the father does not sign, however, it does not necessarily mean that he is not the legal father. |
| Virginia | Va. Code § 20-158(3)(B) clarifies legal parentage of a child conceived after death of or divorce from a spouse. |
| Washington | Wash. Rev. Code § 26.26 creates the Uniform Parentage Act and clarifies legal interpretation of parentage of a child of assisted reproduction, including in the event of divorce or death. |
| Wyoming | Wyo. Stat. § 14-2-401, et seq. creates the Wyoming Uniform Parentage Act. The law defines “assisted reproduction” and includes intrauterine insemination; donation of eggs; donation of embryos; in-vitro fertilization and transfer of embryos; and intracytoplasmic sperm injection in the definition. a |
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