Simplest legalization for donor embryos and GC?

[whitelilacs]

My wife and I are hoping to do a FET with donor embryos into a GC -- and I am uncertain about whether we need to do adoption. When we were using our own embryos, of course, we did not, and the donor embryos will be transferred into our possession, but an attorney who worked with us on the original GCA has suggested that we would need to do a homestudy and all that goes with adoption.

I think that is not necessarily the case, but I don't have the answers myself.

btw, we have already made a match for the embryos (though not yet written up the paperwork) and we have a solid relationship with a GC who is known to us. (i.e. we are not going through an agency)

Can you shed some light on this for me? I live in MA. Thanks so much!

[Diane Hinson]

Okay, I'm not a Massachusetts lawyer, and every state has different laws. if you look at the interactive map on my firm's website and click through to MA, you will see that in MA you cannot get a pre-birth order in MA if neither of the intended parents is genetically related to the baby.

https://www.creativefamilyconnections.com/ma.html

However, if your GC lives in another state, you can probably use the laws of her state. Then you might be able to get a PBO.

But if you are all in MA, then that would be why the attorney is talking about an adoption. It would be a post-birth adoption, because you cannot "adopt" embryos. By definition, "adoption" refers to a living being. So if there were to be an adoption, it would have to be post-birth. Embryos are "transferred" or donated, not adopted, therefore.

As I mentioned, I am not licensed in MA, so I cannot tell you whether you would have to go through the complete home study or whether such an adoption would be treated more like a step-parent adoption and the home study would be waived.

If you need a second opinion, by all means get one, but it needs to be from a MA attorney.

I hope I've been of some help.

Good luck!

Diane

Diane S. Hinson, Esq.
Founder and Senior Partner
Creative Family Connections LLC
2 Wisconsin Circle
Suite 700
Chevy Chase, MD 20815
dhinson@creativefamilyconnections.com
www.creativefamilyconnections.com
Matching and Legal Services for Assisted Reproductive Technology

[whitelilacs]

Thanks, and alas (our GC is in MA, which otherwise is tremendously helpful). I will look into whether we might be able to do it without a home study, and how else we might be able to minimize costs (there are so many costs!)...and what it means for the GCA. Back to our attorney!

Many thanks.

[Diane Hinson]

You are very welcome! Keep us posted, please!

Diane