What is the legal status of embryo cryopreservation in the United States?

In the United States, the legal status of embryo cryopreservation depends on the state. Generally, the federal government has taken a hands-off approach to the issue and thus has not issued a unified legal opinion on the matter. In Washington, the laws are typically very strict in regards to embryo cryopreservation. Embryo cryopreservation must be performed in a licensed, reviewed and approved fertility clinic. The embryos must only be released from cryopreservation for submission for a specific purpose, such as for transplantation into a woman for the purpose of procreation. The embryos must be labeled with a unique identifier, and the clinic must document the storage, release, and disposal of cryopreserved embryos in accordance with state regulations. While Washington does not expressly forbid the gifting or sale of frozen embryos, it does forbid any attempts to circumvent these regulations to achieve such a goal. Such attempts include paying for reproduction-related medical treatments with the expectation that the frozen embryos will be used or gifted. In summary, embryo cryopreservation is legal in Washington, provided the above regulations are followed. Additionally, embryo cryopreservation must be conducted in a licensed, reviewed and approved fertility clinic, and attempts to circumvent these regulations are forbidden.

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What is the legal status of embryo cryopreservation in the United States?

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