In the United States, the terms “embryo adoption” have become extremely popular over the past decade. The reasoning behind this trend is the fact that there are thousands of surplus embryos in the U.S. that have never been implanted. In other words, they can be “adopted” by those who may not have had success using other reproductive methods such as in vitro fertilization (IVF). In fact, “embryo adoptions” are also a less costly alternative to IVF, making them a popular choice for many couples experiencing fertility problems.
However, “embryo adoptions” are not legally authorized by every state within the U.S., including Kansas. Hence, the more appropriate terminology in Kansas should be “embryo donation” rather than “adoption”. Specifically, individuals who wish to obtain the embryo of another can negotiate a contract with the it’s genetic contributors. Once the contract is finalized and executed by all parties involved, the embryo is then transferred to the intended recipients. Upon transfer, the embryo is then implanted into the uterus of either the contract recipient or a surrogate mother.
Often included within the agreement, also known as an Embryo Donation Contract, is a clause requiring the parties to draft and sign written consent forms for the adoption of the child born from the implanted embryo. As such, said “embryo adoptions” involves a two-step process in Kansas. First, the Embryo Donation Contract must effectively transfer ownership of the embryo to its intended recipients. Second, the embryo’s genetic contributors must lawfully terminate their parental rights to the child. This is accomplished through the filing of an adoption proceeding, which establishes that the embryo’s recipients are the legally recognized parents of the child once he or she is born. As evident from the foregoing, the adoption process does not actually take place until after the “embryo” is born. Therefore, it is highly recommended that you initiate a Kansas adoption proceeding once the child is born. This way, you avoid any legal issues that may arise later on as to the parentage of the child.
For more information about your rights and responsibilities regarding embryo donations and child adoptions in Kansas, it is essential that you contact an experienced family law attorney for guidance. Only an attorney seasoned at handling the complexities associated with embryo donations and child adoption matters is in the best position to advise you of all of your legal options and protect your interests. Contact my office know to learn more about how I can help you.
