Surplus embryo donation: terminology and ethico-legal perspectives

Abstract

Numerous cryopreserved surplus embryos are being stored in IVF units in Western countries. IVF patients are required to choose and consent to disposition options for their surplus embryos upon starting treatment. We focus on the option of embryo donation to others for reproductive purposes. The terminology used for this practice is inconsistent, as the term embryo ‘donation’ is used interchangeably with embryo ‘adoption’ in different jurisdictions, government programs, and by private initiatives. Our main argument is that the selected terminology bears conceptual and other consequences for public attitudes, in a way which affects the choice of such a surplus embryo-disposition-option. More specifically, we contend that the pairing of ‘embryo-adoption’ is misguided. We identify material, legal, and policy-related points of distinction between the practices of donation and adoption. Then, we discuss the importance of choosing the right terminology, given its power to influence the perception of embryo donation/adoption, and analyze conceptual differences between the two terms, finding only ‘donation’ to be fit for purpose. Next, relying on findings from an empirical study, we consider the effect of the non-personhood of the embryo on the appropriateness of each term. Subsequently, we distinguish donation from adoption and justify why the former is more appropriate.