Currently (2009), there are no states with laws that specifically govern embryo adoption. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Maryland Assignment of Rights to Frozen Embryos
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How to fill out Assignment Of Rights To Frozen Embryos?
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FAQ
Frozen embryos are considered property by most states due to the both a lack of laws regarding the freezing and distribution of these embryos and the idea that they are not human until they are born. This means that either one or both of the parents that created them have property rights.
What decides the custody of frozen embryos in a divorce? It depends. Usually, a contract between husband and wife is written when the embryos are created, and it sets out custody terms. 1 Nevertheless, in some states, this contract can be superseded by state law.
The issue of who gets custody of embryos in the event of a breakup is complex and contentious. In most cases, the case will look to the original consent agreement signed by the couples when they created the embryos to determine ownership and custody. Courts may also consider individual circumstances.
National Guidelines state that once an embryo has been created, the parties for whom the embryo has been created, have responsibility for its use, storage and disposal. On this basis, the ownership of your embryo is a decision which you and your partner must agree upon.
California Superior Court Judge Anne-Christine Massullo ruled in November 2015 that the embryos should be destroyed. In Colorado, Mandy and Drake Rooks are fighting over six embryos. Mandy Rooks wants them preserved for future use, while Drake wants them to be discarded.
They may wonder if it's possible to transport their embryos for surrogacy in California or elsewhere. The answer is yes if the embryos are frozen.
Laws governing the disposition of frozen embryos vary from state to state. Judges have generally ruled in favor of the person who does not want to develop the embryo, but in Arizona, for example, the custody of disputed embryos goes to the party who wants to bring them to term.