What Should You Do with Frozen Embryos You Don’t Plan to Use?

If you have frozen embryos you don’t plan to use, it’s essential to understand your options, especially given the rapidly changing political landscape around reproductive rights. Here’s what to consider:

1. Understand the Legal Landscape

Laws about embryo ownership, disposition, and even their legal “personhood” vary widely by state and could change with new political shifts. Check your state’s current regulations and any updates regarding assisted reproductive technology (ART). Your fertility clinic or a legal expert specializing in reproductive law may be helpful in navigating this.

2. Explore Your Options

Depending on the clinic or storage facility, you’ll typically have these choices:

  • Donation to Another Family: You can donate embryos to individuals or couples struggling with infertility. This is a deeply personal decision that typically involves legal contracts and counseling.

  • Donation for Research: In some cases, you can donate embryos for scientific research, including stem cell studies. Keep in mind that research options may be limited or restricted in certain states.

  • Compassionate Disposal: This option involves thawing the embryos and allowing them to naturally degrade in a respectful way. Clinics may have specific protocols for this.

  • Continued Storage: If you're unsure, you can choose to keep the embryos frozen while you weigh your options. Be aware of ongoing storage fees and the likelihood of more regulations on embryo disposal down the road.

3. Consider the Emotional and Ethical Factors

Making a decision about frozen embryos can be emotionally complex. Counseling or speaking with a trusted advisor can help clarify your feelings and guide you toward a decision that aligns with your values.

4. Stay Informed About Potential Legal Risks

With the potential for laws granting embryos legal personhood, it’s important to act proactively. Delaying a decision could lead to unintended complications or limitations on your choices.

5. Have a Plan in Writing

Review the consent forms you signed with your fertility clinic regarding embryo storage and disposition. If you need to update these agreements or make new plans, consult with legal counsel to ensure your wishes are documented and legally enforceable.

Resources

  • ASRM: Embryo Donation FAQs

  • Reproductive law attorneys or local organizations that specialize in ART law

  • Take Back Trust’s guide to navigating reproductive care during political uncertainty

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