Embryo donation is the relinquishment of fertilized eggs from donor parents who have been involved in the IVF process for their own medical reasons and who have remaining, unused fertilized eggs frozen in storage. Embryo donation alleviates the dilemma faced by many parents who continue to pay storage fees for unused eggs: whether to continue storage, allow the embryos to thaw and be destroyed, or donate the embryos to intended parents who face their own medical challenges. Embryo donation is also a logical choice for female patients with complicated medical histories which prevent them from traditional adoption or from becoming pregnant.
As with egg donation, the absence of an agreement to terminate parental rights by donors leaves open the possibility for future legal uncertainty. To best protect the interests of both the donor and receiving parties, a legal agreement should be drawn by an experienced ART attorney to memorialize the intent of the parties and to present to a South Carolina court for a post birth order upon birth of any resulting children.