ETHICAL AND LEGAL ISSUES IN HUMAN EMBRYO DONATION

Objective: To identify main ethical and legal issues that arise with d onation of embryos left over from IVF treatments of infertility or cre ated from separate gamete donations. Design: Analysis of ethical comme ntary, advisory committee reports, statutes, court cases, and legal co mmentary relating to gamete and embryo donation and assisted reproduct ion to assess their effect on donation of created or leftover embryos. Results: Donation of surplus embryos or embryos created from separate gamete donations would help a subset of infertile couples to form fam ilies. A program undertaking embryo donation will have to coordinate t he donation of embryos from its own patients or other programs or arra nge for separate gamete donations to form embryos. The main ethical is sues concern the effect on offspring, consent and counseling of donors and recipients, avoidance of mixing embryos or gametes from different sources, and payment of donor expenses. The main legal issues concern whether embryo donation is viewed as gamete donation or adoption; the rearing rights and duties of donors and recipients in resulting offsp ring; liability; and compensation issues; and the legality of monetary compensation for donors. Donation of embryos for research raises sepa rate issues. Conclusion: Human embryo donation is an ethically and leg ally acceptable way for infertile couples to form families.