Embryo adoption : legal, religious and ethical issues

Abstract

Towards the end of the twentieth century, new developments in medical science and technology such as In Vitro Fertilisation (IVF) made it possible for infertile couples to have their own biological children. Very often, during IVF procedures supernumerary embryos are created and cryopreserved to considerably increase the couple's chance of a pregnancy. Globally, hundreds and thousands of viable healthy embryos end up in frozen animation. Several ethical, legal and religious concerns revolve around what to do with these surplus embryos. Over the years, various alternatives have been proposed - some questionable. Amongst disposal choices, embryo adoption seems to be the only viable option that safeguards the life of cryopreserved embryos. This thesis seeks to identify the key legal, religious, psychological and ethical issues raised by the practice of embryo adoption. The main legal controversy surrounding embryo adoption is whether the practice should be considered as gamete/tissue donation or embryo adoption. Other legal issues to be discussed are embryo adoption legislation, donor and recipients contractual rights and obligations towards the resulting child and the child's right to know its genetic origin. Couples who are unable to have their own biological children are not only guided or limited by state laws and regulations; they often seek religious guidance prior to deciding on embryo adoption as part of their infertility treatment. Very often infertile couples are tormented between their moral values and their strong wish to have a child. Religious beliefs and practices play an important role in the couple's decision making process. The three monotheistic religions - the Jewish, the Catholic, and Muslim faith traditions – are analysed in light of embryo adoption. Other relevant issues of embryo adoption are also investigated. These include: evaluation, screening and recruitment of donors and recipients; the psychological effect embryo adoption hason the donating/recipient couple and offspring; consent and counselling of donors and recipients and reimbursement of donors‟ expenses. The new ethical challenges posed by the commercial creation of embryos are also explored. The thesis concludes on the future safeguards and recommendations to protect the lives of cryopreserved embryos. Proposed safeguards and recommendation include oocyte vitrification, restructuring and standardization of current laws and increasing public and professional awareness on embryo adoption/donation.