What Are Unclaimed Frozen Embryos?

Approximately 10 percent of Americans of reproductive age are infertile. In vitro fertilization, called IVF, is a method of assisted reproduction for infertile couples who want to conceive a biologically-related child. Fertilization of a woman's egg with a man's sperm occurs in a petri dish. The embryo(s) that are created are placed inside the woman's uterus, where it is hoped that at least one of them will implant and develop. Children conceived with IVF are sometimes referred to as test tube babies. In most cases, multiple embryos are created, and frozen, to reduce the cost of the IVF process. Using the method called cryopreservation, excess embryos can be frozen for use at a later date. Approximately 4 percent of frozen embryos are unclaimed or abandoned for a variety of reasons.

Disagreement Over Disposition of the Embryos

• Despite signing a mutually agreed upon contract with the clinic, a couple may later disagree about the fate of their unused, frozen embryos. For example, one partner may want them destroyed and the other may wish to donate them to infertile couples. Unless an agreement can be reached, or the court intervenes, the frozen embryos may be considered unclaimed.

Change in Circumstances

• Events such as divorce or serious illness may change a couple's desire to keep their frozen embryos. In a divorce, one or both parents might not want more children with their former spouse. An individual with a serious or terminal illness may not want to bring a child he can't raise into the world. Many couples don't consider all the possible future scenarios.

Abandoned Embryos

• In the event that storage fees go unpaid despite attempts to contact the progenitors of the frozen embryo, the embryos may be considered abandoned. Storage fees in 2011 are about $300 a year and up. In addition, contracts with fertility clinics usually contain a provision requiring notification of a change of address or phone number. If the clinic is unable to contact the progenitors, when the contract expires, the frozen embryos may be considered abandoned. In other instances, if no signed agreement regarding the disposition of the embryos exists, the frozen embryos are considered unclaimed unless the progenitors claim them within a legal time frame that may vary according to state.

Misunderstanding the IVF Process or Postponing a Decision

• A couple may misunderstand the implications of the IVF process and embryo storage, not realizing they still have unused, frozen embryos. Or they may view their frozen embryos almost like a child and decide they could never destroy them. If they do not want to have more children, and do not want to donate the embryos, the couple may simply put off making a decision and let the contract with the clinic expire.