Embryo donation is generally treated as a transfer of reproductive material within an “ownership” model rather than a traditional adoption.

The legal treatment is not uniform, however. A small number of states have enacted statutes that allow parentage orders in relation to embryo transfers, and some faith-based programs use the term “embryo adoption” for ethical or religious reasons even where the law treats the arrangement as a donation.

For intended parents who may travel or relocate to a more restrictive state after a child is born, a confirmatory adoption or parentage order can provide an important layer of legal portability. Court-orders of parentage are entitled to Full Faith and Credit recognition in every U.S. jurisdiction under the U.S. Constitution (and this is well-settled in US Supreme Court jurisprudence). Whether a parentage action is advisable depends on the specific facts of the case and the jurisdictions involved.