When embryos are created and not used, many of them are available for donation to infertile couples. This gift can be significant because many people simply do not have the resources or insurance coverage to create their own embryos to use to create their own family.
Under New Jersey law, embryos are considered property and can be donated or gifted only with the consent of both owners, meaning, both parties who created the embryos. Even if the embryos were created with donor gametes, a married or civil union couple will still be the owners. Contracts signed when the embryos were created will have to be reviewed to determine who the owners are and whether there are clear agreements that can be followed.
Guston & Guston works with both embryos donors and intended recipients to draft donation agreements and navigate state parentage laws to assure that the donors will not be parents and that the recipients will be parents of any child born; that all issues of liability are discussed and negotiated and that any interstate issues are handled with the assistance of qualified attorneys from all states involved.