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Addressing unused embryos in a surrogacy contract

On Behalf of | May 3, 2025 | Surrogacy Law

Medically-assisted reproduction and surrogacy have become far more common in recent years. Same-sex couples, people with medical challenges and those starting families later in life may need help to add children to their families. This process often involves the creation of embryos using gametes from the parents or from donors.

Some couples approach the process with great care to avoid the creation of extra embryos. Most couples try to minimize invasive medical interventions by creating and storing a large number of embryos at once. Provided that surrogacy is successful, they may have numerous unused embryos. Addressing those embryos is usually an important component of the contract negotiation process early in surrogacy or assisted reproduction.

What options do couples have?

There are several solutions for unused embryos. Couples can pay to store them. Others sign in agreement for the destruction of unused embryos in the event of a divorce or after the birth of a child.

People may also choose to donate their unused embryos. There are many couples who can’t use their own embryos for a variety of different reasons. Couples can donate their unused embryos to people they know personally or to any aspiring parents using the same fertility clinic that they hired.

The contract signed in the early stages of the surrogacy process often dictates what becomes of any remaining embryos afterward. Considering the options carefully can help aspiring parents know what to expect after the creation of their embryos as they prepare for surrogacy. Aspiring parents who have support can limit their risks and plan for a scenario that reflects their personal values and financial circumstances.

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