What are the legal issues related to fertility preservation?

The legal issues related to fertility preservation in Washington vary from state to state. Generally, fertility preservation involves the freezing of eggs, sperm, or embryos for use in the future. Because this procedure requires the use of medical technology and the storage of human tissue, there are certain laws in place to protect and regulate the process. In Washington, a person must be at least 18 years of age and have the legal capacity to give informed consent in order to use fertility preservation services. As such, a person must be able to understand the risks, benefits and alternatives associated with the procedure. Furthermore, a physician must obtain written consent from the patient, as well as any donors or guardians if the patient is a minor or legally incapacitated. If embryos are created during the fertility preservation process, the parties involved must determine the disposition, or what will happen to the embryos. This includes decisions related to who, if anyone, will have a legal right to use the embryos, who will be responsible for their storage and what the medical authorities should do in the event of the death of either parent. In Washington, it is generally illegal to transfer or use frozen embryos without written consent from all parties involved. This includes any agreement to donate or transfer the embryos to another person or couple. If a dispute arises over the ownership or use of embryos, the courts will generally decide in favor of the agreement that was in place at the time of fertility preservation.

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