Legal Periodical: Embryo “adoption”? The Rhetoric, The Law, And The Legal Consequences

Polina M. Dostalik, Embryo “adoption”? The Rhetoric, The Law, And The Legal Consequences, 55 N.Y.L. Sch. L. Rev. 867 (2011)

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Embryo donation in ART and its classification will have a tremendous impact on family law. Designating the embryo donation procedure as embryo adoption could have far-reaching effects. [FN23] Part II of this note discusses ART generally, and what is known as embryo “adoption” specifically. It also includes a discussion of the uncertain legal status of embryos. Part III discusses the legal status of embryos in New York. Part IV analyzes inadequacies in current contract law, with a specific focus on surrogacy contracts. It also describes the inapplicability of traditional adoption law and the potential effects of characterizing embryo donations as embryo adoptions. Part V analyzes adoption law in New York and describes the possible conundrum caused by applying traditional adoption law to embryo “adoption.” This analysis suggests a need for legislative action rather than judicial rulemaking in this area. Finally, Part VI analyzes current statutes from Louisiana, Oklahoma, and Georgia regarding embryo adoption, and presents a model law governing embryo transfers to resolve some of the problems addressed throughout this note.