Embryo Adoption – A Life-Affirming Parenthood Choice
by Reginald Finger, MD, MPH
Embryo adoption. Embryo adoption? At first
glance, these two words do not seem to belong together. Infants and
children are adopted, right? Right. Here is the definition of embryo
adoption: Embryo adoption is the transfer of a microscopic human
embryo that was originally created by one couple for their own
reproductive efforts but remains after infertility treatments have been
completed, to the uterus of a different recipient female (single or
married), who will become its mother. The term, like the practice
it describes, has evoked much controversy. Some medical infertility
specialists are uncomfortable saying “adoption” in this
context because children are adopted, and if the embryo comes to be
viewed as a child in the eyes of the law, couples might lose the choice
of discarding the embryos or donating them to research. Infertility
practices might also come under stricter regulation (1,2). Pro-choice
activists dislike the term for similar reasons (3,4). Legal scholars
point out that at least in the U.S., statutes define adoption as the
placement of a child after birth. Thus, they reason, use of the term
might mislead couples as to what has actually occurred in the eyes of
the law when an embryo is transferred (2,5).
After some consideration, I have elected to use the term embryo
adoption rather than embryo donation in this essay, to
distinguish the practice from gamete and embryo donation. In
the latter practice, an embryo is created from donor sperm and
a donor oocyte (egg) specifically for transfer to the recipient couple.
In this practice, egg donors are sometimes paid large fees for their
services. In some of the infertility literature, it is difficult to
determine what the authors mean by embryo donation. Distinguishing
between these types of practice requires at least a very careful reading
of the methods, and sometimes, inquiry with the authors (6-9).
Despite disagreement over definitions, most medical infertility
specialists, legal scholars, bioethicists, journalists, and researchers
are supportive of the practice of embryo adoption. Massachusetts
adoption attorney Susan Crockin describes it as “a limited
option” – good if a couple makes this choice for their
remaining embryos – but predicts that few will (10). This is the
majority viewpoint among scholars who have published on the subject.
The purposes of this essay are: 1) to outline the history of embryo
adoption; 2) to describe the current status of embryo adoption from
epidemiologic, legal, and bioethical perspectives; 3) to show why embryo
adoption compares favorably to other parenthood options for infertile
couples; and finally 4) to suggest a few effective ways to promote the
practice of embryo adoption. Hopefully, those readers who share the
sense of need to do something about the large and growing number of
embryos in frozen storage, will see embryo adoption as a viable part of
the solution, one worth encouraging.
History of embryo adoption
To understand the importance of embryo adoption, one must first
capture a sense of why infertility is such a big deal in the first
place. Couples often spend tens, sometimes hundreds, of thousands of
dollars on infertility treatments over periods of several years. One
widely cited study has found the measured stress levels in women with
infertility to be equivalent to those seen from cancer, HIV infection,
and chronic pain (11) – though there is some question as to
whether the stress contributed to the infertility as well as vice versa.
Infertility has many causes, some attributable to the male partner, some
to the female. In some cases, no cause is ever found (12).
In many cases, however, the female partner is found to produce viable
oocytes (at least, when stimulated by medication), and the male partner
has viable sperm. For these couples, successful treatment can be
accomplished by harvesting oocytes from the woman using a long needle
under sonographic guidance, uniting an egg with the man’s sperm in
a laboratory dish, then transferring the resulting embryo directly into
the uterus with a tiny catheter. This procedure, called in vitro
fertilization (IVF) was first successfully performed in humans in
1978 (13). Clinicians soon learned how to maintain (cryopreserve)
embryos in frozen storage and thaw them once again for implantation
later, thus, in some cases sparing the woman a second egg harvesting
procedure (14,15).
At about the same time, clinicians reasoned that more couples could
be helped toward parenthood by substituting donor sperm for men who have
no viable sperm, or donor eggs for women who have no viable oocytes
– or both. Thus, gamete and embryo donation, as described
above, came into being. A careful reading of the 1983 clinical report
often cited as the first instance of embryo donation (16) reveals that
the donated embryo was actually created for the recipient at the same
time that four embryos were made for the donor couple’s own use
– if you will, a “make me one while you’re at
it” proposition. The menstrual cycles of the donor and recipient
women were synchronized using medications, and the transfers occurred on
the same day. None of these embryos had been cryopreserved.
Soon thereafter, reports were published documenting successful
pregnancies and births from cryopreserved donor embryos. Again, however,
these were embryos made from donor gametes specifically for the
recipients (6,7).
No one knows for sure when the first true embryo adoption occurred.
The term was used as early as the mid-1980s (17,18) in the legal
literature. Devroey et al. (19), Bustillo (20), and Jones (21) have
reported embryo transfers occurring between 1986 and 1990 that clearly
represented adoption of remaining embryos.
The personal story of John and Marlene Strege of California (22),
however, brought the idea of embryo adoption to the national stage. Mr.
and Mrs. Strege were initially identified as “Zach” and
“Elizabeth” (after the parents of John the Baptist, see Luke
chapter 1) in order to protect their privacy. Since that time, however,
they have become activists for embryo adoption, have testified before
Congress, and are identified by name in many news reports and public
documents (23, 24). John and Marlene, having experienced failure with
traditional infertility treatments for some years, learned about the
possibility of embryo adoption from their physician. However, this
doctor was unable to connect them with a source for a donor embryo.
Subsequently, they contacted Focus on the Family for assistance, and as
a result were linked with a prospective donor couple from the Midwest,
underwent the embryo transfer, and became parents of a daughter, Hannah,
on December 31, 1998. Hannah became known as the “first
snowflake®” child. Meanwhile, FOTF President Dr.
James Dobson, at the urging of his friend, leading pro-life gynecologist
Dr. Joseph McIlhaney, came to strongly and publicly support embryo
adoption as both a solution for infertility and an opportunity for life
for frozen embryos (22). Nightlight Christian Adoptions, directed by
adoption attorney Ron Stoddart, facilitated the adoption process for the
Streges. Nightlight has since done so for more than two hundred other
couples in what is now known as the “Snowflake®
Program.”
The Strege story was followed by two other major developments that
have kept embryo adoption in the public eye. In August 2001, President
Bush was confronted with the need to set policy on federal funding for
embryonic stem cell research. (Creating cell lines for this type of
research results in the destruction of embryos). After much
consideration, he decided that although federal dollars could be used
for research on existing cell lines, he would not support funding any
activity in which any more embryos would be destroyed (25). Soon,
embryo adoption came to the President’s attention as an attractive
alternative to stem cell research, refuting the argument that
“these embryos are only going to be thrown away anyway.” In
May 2005, as Congress was challenging the funding policy, the President
dramatized the issue by inviting a group of
“snowflake®” families to the White House
(26).
The other development was the 2003 publication of an “embryo
census” conducted by the Rand Corporation for the American Society
for Reproductive Medicine (ASRM) (27). Although the primary purpose was
to find out how many embryos might be available for stem cell research,
it was the total number of embryos found to be in frozen storage (just
under 400,000) that caught public attention. This was a conservative
number, because a few infertility clinics did not respond to the survey.
Nonetheless, the figure was more than double the informal estimates that
had been made previously, and highlighted the accumulation of embryos as
a difficult problem. To Stoddart and others, these embryos represent
frozen lives (28); to infertility clinics, they represent a large
expense for storage, tracking, and maintenance. The parents who created
them face the often difficult dilemma of what to do with them (29).
Current Status of Embryo Adoption
Admittedly, the vast majority of embryos (88 percent, according to
the Hoffman census) are being stored with some possibility that they
will still be used by the couples who created them. Just over 2 percent
have been earmarked for embryo adoption, and a roughly equal number for
stem cell research. However, clinics and adoption agencies that
facilitate embryo adoption report that there are many more couples
wanting to adopt embryos than there are embryos available (30). It seems
that there are clearly enough “cribs” to accommodate the
resulting babies if all embryos currently intended either for adoption
or stem cell research were actually implanted in adoptive mothers, that
is, at currently published success rates for embryo transfers.
My colleagues and I have recently found (31) that seven participating
programs have reported 702 adopted embryo transfers, resulting in 314
pregnancies (44.7%) and 249 deliveries of one or more live infants
(35.5%). Using the individual embryo as the unit of analysis, the
programs experienced an implantation rate (gestational sacs per embryo
transferred) of 19.7%, an implantation potential (gestational sacs per
embryo thawed) of 11.7%, and a live birth rate per embryo transferred of
15.1%. These rates equal or exceed most of those previously
published.
Meanwhile, the legal status of the human embryo continues to be
debated (32-35). If personhood begins at the time of conception, then
the law should grant the embryo the rights of a person. The rights of
the future child would be considered alongside the rights of the
parents. If not, then embryos could be treated with what the courts call
“special respect” – i.e., not to be bought and sold as
commodities, but not as having rights of their own. Alternatively, the
law could regard embryos as property and their disposition as property
transfers. These issues have been argued in state supreme court cases
(36, 37) and in law journal commentaries (38,39). The statutes in
Louisiana regard the embryo as a person (40) while in other states they
do not (34). As mentioned previously, adoption laws are written
specifically to apply to children after birth. However, adoption
attorneys have found that though embryo adoption proceedings are handled
according to contract law, there is no barrier to treating the
transaction as an adoption in the eyes of the parents, complete with
home studies and counseling (28).
On another level, debate as to whether embryo adoption is morally
legitimate continues to occur among religious scholars, especially in
Catholic circles. The Roman Catholic position on this issue is
especially important because the Catholic community has for many years
taken a leading role in pro-life issues generally. If the Catholic
Church were to come out as opposed to embryo adoption, much of the
support for the practice as a pro-life solution to the “frozen
human lives” would be lost.
The Vatican has not taken a formal position on the issue. Currently,
Catholic scholars have lined up about 2 to 1 in favor of embryo adoption
(41-45). The majority hold that although IVF itself is considered
illicit in the eyes of the Church, couples seeking to adopt embryos are
helping to solve a problem they did not create, and thus are performing
a rescue. The countervailing issues posed by the minority scholars, that
is, that embryo adoption may violate the sanctity of a couple’s
marriage or constitute complicity with the practice of IVF, continue to
be debated.
Dr. Dobson, Dr. David Stevens of Christian Medical and Dental
Associations (46), Dr. McIlhaney (22), and others have helped the
evangelical community for the most part accept embryo adoption as a
compassionate act. Other faith communities, have, in general, not
objected to the practice.
Choices for Infertile Couples
Couples who have not achieved a pregnancy either by natural means or
by what are called “traditional” infertility treatments
– such as hormonal medications, tubal surgery, or artificial
insemination – have essentially four possible options for becoming
parents: 1) IVF using their own oocytes and sperm; 2) IVF using donated
oocytes or sperm; 3) traditional post-birth adoption; or 4) embryo
adoption. Second-generation infertility treatments (ZIFT, GIFT, and
others) are essentially variations on #1 or #2.
Embryo adoption has the following advantages and disadvantages
compared to the other options (considering that for all options except
traditional adoption, the woman has to have a working uterus):
- Compared to IVF: The cost is lower, because the woman does not have
to undergo egg harvesting; for some couples, IVF will not work because
either the male or female partner cannot produce gametes; and for some
Catholic couples or others, embryo adoption is morally acceptable
whereas IVF is not. The disadvantage, important for some, is that the
offspring will have no genetic relation to either parent. In addition,
data are beginning to emerge showing that at least in some centers,
pregnancy rates are higher for embryo adoption than for ordinary IVF.
- Compared to gamete donation: The cost is lower than for egg donation
(because many expenses associated with the use of an egg donor must be
covered). In addition, Catholics and many others see gamete donation as
something like adultery because in contrast to either IVF or embryo
adoption, the creators of the embryo are not necessarily a couple at
all. One disadvantage is that the cost is higher than for sperm
donation. A disadvantage in the eyes of some is that the offspring of
embryo adoption will have no genetic relation to either parent, whereas
with gamete donation the offspring most often is genetically related to
one parent or the other.
- Compared to traditional adoption: With embryo adoption, the
agreements are signed beforehand, so there is no chance that the genetic
mother will back out during the pregnancy or after the birth, such as
often happens with traditional adoption; in addition, the embryo
adoption mother experiences pregnancy, delivery, and possibly
breastfeeding for herself. These are important aspects for some women.
In addition, she can control the prenatal environment by not smoking,
etc. The cost of embryo adoption is usually much lower than for either
domestic or international post-birth adoption. The disadvantage of
embryo adoption in this comparison is the risk that the procedure may
fail to result in a pregnancy. In addition, the parents do not have the
privilege of choosing an infant they have already seen. Sometimes, birth
defects or other problems occur which cannot be predicted
beforehand.
Indeed, perceived advantages outweigh disadvantages for enough
couples that the demand for embryos to adopt well outweighs the supply.
Therefore, if embryo adoption is to become a significant factor in
reducing the numbers of frozen embryos in storage, the
“bottleneck” – that is, the “rate-limiting
step” – is to find ways to encourage couples who are not
going to use remaining embryos themselves, to release them for adoption
to others.
So why do so many couples hesitate to let the embryos go? Interview
studies (47-50) have elicited a wide variety of responses. Some couples
dislike the idea that “their child” could be out there,
being raised by someone else, perhaps in less than ideal circumstances.
Others fear the possibility that a child born by embryo adoption could
meet and marry his or her genetic sibling. The probability of either
scenario can be minimized, if not eliminated altogether, by the practice
of an open embryo adoption. In this instance the donor and the recipient
couple select each other beforehand and may even form a relationship.
This has been the case with several families served by the Snowflake
® program.
Strategies for encouraging embryo adoption
I suggest seven possible strategies for encouraging embryo
adoption:
-
Increase public and professional awareness
Compared to other great public policy issues of our time – the
HIV epidemic, abortion, human trafficking, terrorism, global warming,
and the rapidly increasing average age of the global population –
the plight of the frozen embryos is still a relatively little-known
problem. The published literature on this subject is not vast. The
medical, legal, adoption advocacy, and faith communities can all play
parts in bringing the issue to the attention of the public. Personal
stories, such as that of the Strege family, are likely to have a greater
impact on the general public than facts and statistics. The stories can
be passed on by advocacy groups and informally by word of mouth.
- Offer open embryo adoption in preference to anonymous embryo
adoption
Clearly, both options must be offered to couples, given that some
will participate either as donors or adopting families only if their
favored approach is offered. It does seem that open embryo adoption has
the potential of attracting more families, given the prevailing
sentiment toward open adoptions among counseling and adoption
professionals and advocates in recent years.
- Get the pro-life community on board
Most pro-life advocates, understandably, are better acquainted around
pregnancy resource centers than around infertility clinics, but each
community has something to offer the other. The message of embryo
adoption as a life-affirming option to become parents surely resonates
with the message of the sanctity of human life generally. Also, there
are enough prospective parents so that embryo adoption will rarely, if
ever, result in a scenario where a birth mother wants to place a child
but cannot find a willing adoptive family.
It is even possible that some activist couples may choose to adopt
and bring an embryo to birth though they are not themselves infertile.
This degree of self-sacrifice has certainly been seen with traditional
adoption.
- Market embryo adoption to IVF patients through their
physicians
If convincing couples to let go of their remaining embryos is the
rate-limiting step, then the relatively small group of people who have
remaining embryos must be encouraged to give this opportunity for
parenthood to another couple. These people can be best reached through
their physicians, with whom they already have trusting relationships.
Physicians can help the couples sort through the issues and determine
whether helping another couple in this way will work for them.
- Resolve the bioethical dilemma for Roman Catholic
communicants
Hopefully, the leadership of the Roman Catholic Church will follow
the bioethical reasoning of the majority group of its scholars and
conclude that embryo adoption neither violates the sanctity of marriage
nor constitutes complicity with IVF practice per se. If the Vatican
publishes a sensitive but definitive statement in favor of embryo
adoption, a difficult hurdle will have been surmounted.
- Articulate clearly that with today’s population dynamics,
any increase in the birth rate resulting from not destroying embryos
will be a positive rather than a negative.
In a previous article, I have discussed the declining global birth
rate, and the adverse economic circumstances that a birth dearth is
having in many world regions, in the face of accumulating numbers of
elderly persons (51). There was a time when pro-abortion policy fed off
the perception that the world faced a serious population explosion, with
attendant food shortage and environmental consequences. Though the
problems with the environment have not gone away, it is clear now that
human well-being in most countries will be better served by more births
rather than fewer. Making these facts clear to the public and
policymakers should resolve any concerns about overpopulation.
- Logistically, make embryo adoption easy to accomplish by getting
the four functions – matching donor with adopting couples,
clinical transfers of the embryos, adoption counseling, and legal
assistance – under one roof.
Nightlight Christian Adoptions (California) and the National Embryo
Donation Center (Tennessee) have taken steps in this direction. Both
have close relationships with agencies for the functions that are not
available in-house. However, I believe a model that offers them all in
one place would certainly be worth piloting.
In conclusion, embryo adoption can accomplish two important things:
first, it gives frozen human lives a chance to be born – and
second, it helps infertile couples to become parents by a means that is
preferable to other strategies in many ways. Unlike many bioethical,
human rights, and public policy issues facing humanity, the dilemma of
the embryos has a reasonable solution that can be implemented in our
lifetimes. I encourage clinicians, scholars, and families on all sides
of this issue to join forces to that end.
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