What are the legal implications of embryo storage?

In New York, fertility clinics are legally authorized to store embryos for a maximum of ten years. After ten years, the fertility clinic must contact the individuals listed on the storage forms to determine the disposition of the embryos. The individuals can come to an agreement to extend the storage term, transfer the embryos to a different facility, donate the embryos to another patient, dispose of the embryos, or opt to take no action. Under New York law, individuals who store embryos in a fertility clinic must consent to the storage and have the authority to make decisions concerning the embryos. The individuals listed on the storage forms have the legal right to assess the embryos through testing, genetic or otherwise. Furthermore, the individuals must agree to any costs associated with the testing and storage. Under New York law, the owner of the embryos has the legal right to donation, research, or disposal of the frozen embryos if the original parties in the storage agreement cannot come to an agreement. If a dispute arises, the embryos may be placed in a trust for two years while the court resolves the dispute. It is important to note that embryo storage, testing, and disposal come with certain legal ramifications in New York. It is therefore best to be fully informed of the legal implications that come with embryo storage before making decisions that could have legal consequences.

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