Gamete harvesting for embryo creation and surrogacy are among the most common options for medically-assisted reproduction or Assisted Reproductive Technology (ART). Couples hoping to expand their families may require the assistance of specialized medical professionals and women willing to provide gestational services.
It is standard procedure for medical professionals to create numerous embryos at once. In some cases, unusual circumstances may arise before couples successfully complete the surrogacy process. Having contractual protections in place in the event of divorce or one spouse dying is critical.
What happens to any remaining embryos?
Before a surrogate carries a pregnancy to term, unexpected situations can disrupt the process. The future use of embryos can cause major legal complications after a divorce, including claims for child support or custody rights.
Having an agreement already in place before the relationship experiences a significant breakdown can prevent protracted legal disputes in the future. Surviving spouses can also defer to a prior agreement in the event that one spouse dies unexpectedly.
The options for residual embryos include continued storage, donation and destruction. Embryo storage comes with certain expenses but leaves the door open to the future use of the embryos, including the potential for future donation.
Donation of the embryos can allow other families that want to have children to use those viable embryos for their own surrogacy procedures. Embryo destruction is sometimes the best option, especially in cases involving divorce and concerns about custody or support obligations.
Proper contracts that integrate protective terms for everyone involved are critical to success when growing a family through surrogacy. Establishing clear expectations early in a medically-assisted reproduction journey can help aspiring parents limit opportunities for future conflict.