Technology is making it easier for people with extra embryos to be matched with, and donate to, others looking for their own embryos. In vitro fertilization is the process of fertilizing eggs with sperm, resulting in embryos, outside of the body. But lately, as the use of in vitro fertilization expands, the number of unused, excess embryos is skyrocketing. In the United States alone, many estimates put the number of cryopreserved embryos around one million.
Those who have completed their families and have extra embryos face $300-$1,000 per year in annual cryopreservation storage fees. Their options are limited–destroy the embryos, donate to research, or donate to others who wish to use them for reproductive purposes.
On the other side of the equation, there are people searching for embryos to start their family. For those lacking healthy eggs and/or sperm—whether from infertility, being single, or being part of a same-sex couple—donated embryos can present an ideal option. Most importantly, those who believe that embryos are human lives are able to preserve those lives without giving up control or compromising their beliefs.
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Additionally, receiving embryo donations can be much more affordable than alternative options. Private baby adoption, for instance, tends to start in the $30,000 to $40,000 range. Similarly, egg donation runs around $15,000 to $20,000 on the low side and the additional cost of turning the donated eggs into embryos often pushes the cost up another $10,000. Comparatively, the cost of receiving donated embryos is a fraction of those numbers – comprised of the legal fees to prepare the donation contract, a possible embryo transportation fee to the recipient’s chosen clinic, and the medical transfer to the recipient’s or a surrogate carrier’s uterus.
The question is: how do these two sides find each other?
Embryo “Adoption.” Currently, one of the largest and most well-known embryo adoption agencies is Nightlight Christian Adoptions. It maintains the “Snowflake Program” for unused embryos. Nightlight treats embryo adoption similar to traditional baby adoption, and requires intended parents to pay for and pass a two-to-three-month home study in order to qualify to receive donated embryos.
Notably, in almost every jurisdiction, the transfer of embryos from one person to another falls under a property-rights legal construct. This permits the rights to embryos to be transferred merely via contract. It also means that there’s no need to incur the costs of a home study. (Georgia is an exception, treating embryo donation essentially like a traditional adoption pursuant to state statute).
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Embryo “Donation.” Some egg donation agencies are moving into the embryo-matching space, seeing a great need for their current clients. Jennifer Nelson, Director of An Angel’s Gift egg donation agency recently started expanding the agency’s offerings to include embryo-matching services. Many of her clients received donated eggs with the help of An Angel’s Gift, and, after completing their families, were looking for a way to donate their excess embryos to help others.
Nelson touts her agency as a Match.com for donors. Although the agency itself does not require recipient parents to go through a home study, individuals donating their embryos can specify that the recipients of their particular embryos need to meet certain extra requirements like a home study. Nelson points out that one advantage of using an agency is the ability of the agency to provide a great deal of additional options to both sides. These could include requiring the embryos to pass medical screening beyond FDA requirements, or a desire for the donation to be anonymous.
In my legal practice, I have seen many self-matched embryo donations where those looking for embryos have identified someone in their personal or social network who is amenable to donating. One client of mine revealed that after receiving poor medical results, she thought she had no choice but to give up her dream of a baby. As a last-ditch effort, she shared her situation on Facebook, and was amazed to received multiple offers from friends of friends willing to donate their excess embryos to her. Not being in Georgia, she merely needed a contract in place to transfer the rights to the embryos to her.
Embryo Tinder. As social media continues to advance and change the way we navigate the world, perhaps it is only a matter of time until “there is an app for that.” Perhaps the app will even allow potential recipients to “swipe left” on their dream embryos. It will be interesting to see how states decide to handle this growing market. While some may continue to leave the market unregulated, I suspect a number of states will follow Georgia’s lead in pushing embryo adoption under the baby adoption legal framework.
Note that tinderforbabies.com and embryomatch.com appear to be unclaimed at the moment. But probably not for long.
Ellen Trachman is the Managing Attorney of Trachman Law Center, LLC, a Denver-based law firm specializing in assisted reproductive technology law, adoption, and estate planning. You can reach her at [email protected].