Returning unused embies to donator?

(9 posts)(5 voices)
  1. We donated embies to a couple who wanted a 'big family". They adopted our 4 embies/two straws and had one child with one straw. They were supposed to cycle again next month and the mother got cold feet and backed out of the cycle. She then went on to say that they have decided that it just does not feel right and that she does not want to use the other two embies. The child they had develped some small health issues, inclusive of a ton of food allergies which she found difficult to manage. The clinic called us and said they are sending on info on what will happen next, the embies are coming back to our ownership. I have never heard of such a thing, never. From what the paperwork looks like, they accepted full responisbility of the embies upon adopting them. I am 45 and had a ton of complications with my last two IVF pregnancies, and doubted that i would even become pg with the embies we had on ice, which is why we donated in the first place.
    Has any donor or recipient ever delt with this?
    I am a little in shock right now.

  2. Veggie... Sorry you're dealing with this issue. I'm assuming you did not cover this in your embryo donation agreement? If it wasn't addressed, then legally, the embies are the recipient's full ownership upon your relinquishment of the embies to the recipients. Our donors and we discussed it. They donated 3 embies to us, and at first our donor wanted a say-so in what we do with any remaining embies. We didn't want later on to be in disagreement of what to do with the embies, so we were willing to relinquish our rights to the embies and return them to the donors. In the end, we both decided to discard and/or donate to science any remaining embies instead of donating to another couple.

    If neither parties want to use the embies, then you can inform the clinic to discard or donate to science.

  3. It depends on your contracts. If you were using the NEDC, and the couple who adopted the embryos does not use them all, or wish to use them all, then they revert back to the original 'owners'.

    What happens next is: You redonate and someone else will adopt them. No big deal at all.

  4. You will NOT have any trouble finding another couple to donate to. Trust me - I am the receipient of donated embryos and know that you could have a list a mile long by tomorrow if you posted you had two embryos to donate!

  5. Veggie - it is not an unusual clause in an agreement to have the 'leftovers' revert back to the original donor if the recipients don't use them all. That was in our contract as well. Your shock may be due to the closure you had given this, and now mentally having to deal with this again is something you were not prepared to do.

    Hopefully, the recipients can deal with trying to donate the two remaining embyros, and if they do not wish to, you can donate to NEDC or some other such clinic or organization. The reason I mentioned NEDC is that they do all the work for you. They do both open and closed donations, will choose the recipients for you and will take care of the shipping etc. You can just direct the recipients to contact them, and still have the option of contact with the (new) recipients if you so choose or can leave it closed, but for now, they can take care of it all.

    Good luck and post again when you decide what to do.

  6. The recipients of donated embryos cannot further donate them. The original people have to do the donating. It doesn't matter where they donate to, it just has to be the original couple who does the donating.

    If you do the NEDC and desire an open relationship, you will get to pick through profiles.

  7. The recipients of donated embryos cannot further donate them. The original people have to do the donating. It doesn't matter where they donate to, it just has to be the original couple who does the donating.

    I think this statement is State Law specific. In my State, donation of sperm, eggs or embryos falls under property law once the legal transfer of ownership is complete. Unless the original Agreement between donor and recipient specifically states that any unused donation returns to the donor, the recipient has full legal rights to do as they wish with the embryos.

    In embryo adoption cases, you see plenty of embryos created from donor eggs and/or sperm without the involvement of the original donor(s). The donor relinquished all of their legal rights to the donated material upon completion of the transfer of the Agreement, eggs and/or sperm. This holds true with embryo(s) donation as well. Please check your specific State's laws regarding donation.

  8. That could be it's state to state. I don't know how it works, the federal required medical testing of donors. I know there's something about those who've done donor egg or donor sperm, that the testing may already have been done, or the recipients may have to sign off on documentation that it wasn't done.

    Here's a site that has a lot of the legal stuff on it. I guess it's something to inquire about, I mean, the medical testing requirement when it comes to donating embryos that have been donated already? I know there's a date somewhere . . . if they were created before or after that date, that the testing had to be done.

  9. Yes, you're right. The FDA does require testing done by all donors certain amount of time prior to the cycle taking place. For embryo donors, they require retesting and a 6 months quarantine of the embies in cryo state. However, as a recipient, you can choose to waive those tests prior to your FET too and accept the risks of not being retested. Our donors were tested prior to the cycles that created the donated embies 2 years ago, so we've chosen to waive retesting for our donors. My thinking is it doesn't matter what their tests say today about their health. What matters to us is their health status shortly prior to the cycles that created the embies, and my RE is fine with it.

RSS feed for this topic


You must log in to post.