Embryo Donation Agreements

What is embryo donation?

Embryo donation involves unused embryos from in vitro fertilization (IVF) cycles being donated to intended parents who are unable to conceive using their own gametes (sperm and eggs).

Is embryo donation legal in Canada?

Yes, embryo donation is legal in Canada.

What is an embryo donation agreement?

An embryo donation agreement is a legal document that outlines the terms and conditions agreed upon by embryo donors and embryo recipients as to embryos being donated. That said, in addition to intended parents, a fertility clinic or third party intermediary might notably be involved.

Embryo donation agreements are typically drafted with the assistance of legal professionals who specialize in reproductive law to ensure that the rights and interests of all parties involved are protected.

What is the purpose of an embryo donation agreement?

Embryo donation agreements address a number of issues including but not limited to the following:

• Consent: All parties involved must provide informed consent to the donation process. This includes consenting to the use of the donated embryos for reproductive purposes by the recipients, as well as any potential offspring resulting from the donation;

• Legal parentage and post-birth contact: The agreements will specify the legal rights and responsibilities of the embryo donors and recipients regarding the donated embryos and any resulting offspring. This can include issues related to parental rights, custody, and financial obligations. Embryo donors’ post-birth contact with resulting offspring should also be addressed;

• Use of embryos: The agreements might also outline how the donated embryos will be used, including the number of embryos to be transferred, any restrictions on the use of the embryos (such as prohibiting their use for research purposes), and any preferences regarding the selection of embryo recipients.

Where does one find an embryo donor?

Embryo donors and recipients can find each other in a number of ways, including:

• Fertility clinics: Certain fertility clinics facilitate embryo donation programs or can connect individuals with potential donors. Clinics may have their own pool of donated embryos or work with embryo donor registries to match donors with recipients;

• Embryo donor programs: Programs exist where individuals can register as embryo donors or recipients. These programs facilitate matches between embryo donors and recipients based on their preferences and criteria;

• Fertility support groups: Online forums, support groups, or organizations focused on infertility and assisted reproduction may provide resources and information on embryo donation, as well as opportunities to connect with potential donors or recipients;

• Legal and medical professionals: Fertility lawyers, reproductive endocrinologists, and other health care professionals specializing in assisted reproduction may be able to provide guidance and referrals for finding an embryo donor.

It is important for individuals considering embryo donation to research and understand the legal and ethical considerations surrounding the process. Consulting with a reproductive lawyer can provide valuable guidance and support throughout the embryo donation journey and ensure a successful and legally sound arrangement.