What is the legal status of frozen embryo transfers in the United States?

In the United States, the legal status of frozen embryo transfer (FET) is based on state and federal laws. Generally, each state has its own laws that govern the use of embryos stored in fertility clinics, while federal laws provide overall guidance on the use of embryos in research settings. In New York, it is legal to transfer frozen embryos for fertility treatments, such as in vitro fertilization (IVF). Furthermore, under current New York law, if both parents agree, they can transfer a frozen embryo to another woman for IVF. However, the receiving woman must have demonstrated her competence as a surrogate mother, and the transfer must be approved by a court. In addition, under New York law, any embryos created through IVF that are not transferred must be donated to a research facility. Parents have the option to donate frozen embryos to research, typically to test medicines or develop treatments for infertility. The federal government does not have a direct role in the regulation of embryo transfers, but does have a role in regulating research that involves embryos. In particular, the National Institutes of Health (NIH) has provided guidance to research institutions on the ethical use of embryos in research. Overall, the legal status of frozen embryo transfers varies by state, but is generally permissible as long as it is in accordance with state and federal laws. In New York, frozen embryo transfer is legal for fertility treatments, and the embryos may be donated to research institutions.

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What is the legal status of frozen embryo transfers in the United States?

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