Embryo adoption is no easy mission

The Los Angeles woman, a professor of anthropology at L.A. Valley College, decided at age 51 that she would try to have a baby. She found both egg and sperm donors among people she knew. Twelve embryos were made, and Wolfe underwent embryo transfers twice, but both cycles failed.

She ultimately decided to abandon her efforts to become a single mother, but she had two embryos left in cryopreservation. She consulted the egg and sperm donors, and the three had several long conversations about what to do with the two embryos that belonged, in some sense, to all three.

"We are all friends," Wolfe says. "Initially, I thought of donating to research. But they encouraged me to try to have them made into babies rather than used for stem cell research. All of us were interested in a baby. To donate to research seemed kind of depressing. The financial and emotional effort that went into this made them seem so valuable."

She had no idea how difficult the donation and adoption process would be.

When embryo adoption became available about 10 years ago, infertility doctors and medical ethicists thought it would help many couples resolve the dilemma of leftover embryos. That doesn't seem to have been the case.

"It's not without problems," says Dr. Richard Paulson, chief of the division of reproductive endocrinology and infertility at USC. "We thought this was going to be a solution. It is not."

In uncertain territory

Donating for adoption is fraught with emotional, legal and health issues, says Lois Uttley, director of the MergerWatch Project, a patients' rights organization based in New York.

"Your child could be raised by another family," she points out. "There could be legal implications down the road and complicated feelings about it."

There are few reports of legal complications emerging from embryo adoption. But it's still new terrain, says Nanette Elster, director of the Health Law Institute at DePaul University College of Law in Chicago.

"The option to donate to others is something that poses its own risks legally," she says. "The risk is that the adoption laws we have in place don't necessarily apply."

In most states, embryo adoption falls under laws governing the transfer of property. But this is an unsettled area of law, Elster says.