As far as current law is concerned, the word "adoption" in the context of embryos is purely symbolic. "Embryo 'adoption' is a misnomer from a legal perspective," says Susan Crockin, a Boston-area attorney who frequently writes about reproductive technology law. "In every state, adoption is a very specific, statutorily mandated set of procedures applicable to born children, birth parents and adoptive parents, and that model does not fit embryo donation." Currently, only eight states have enacted statutes that govern parental rights in embryo-donation arrangements: All but one use the term "donation" and state that an embryo donor is not a parent. Only Louisiana identifies embryos as "juridical persons" that are subject to "adoption." (Specifically, if fertility patients in that state terminate their rights to an embryo, the embryo cannot be destroyed or otherwise donated; it must be made available for "adoptive implantation" -- but only to married couples.)
Still, while Martinez and other abortion rights activists don't think the word "adoption" is going to sink Roe, they point out that the increasingly widespread use of the word -- as well as the implicit recognition of it by the federal government -- is a poisonous rhetorical arrow in the quiver of the anti-abortion (and anti-stem cell research) forces.
"The more people talk about it as 'adoption' rather than 'donation,' the more we as a culture start changing," says Martinez. "This is part of a concerted strategy. One day we're going to wake up and they're going to ask the court to say that society has recognized that a fetus is a person."
Recipients of HHS public-awareness grants do include RESOLVE, which uses the term "donation" and supports embryonic stem cell research (it received $236,000 in 2002 and $120,000 in 2004), along with the American Fertility Association, whose president, Pamela Madsen, opposes both the term "adoption" and the conflation of infertility treatment and abortion politics. (The AFA received $197,000 in 2003.) Another 2002 recipient (of $223,000) was the Women and Infants Hospital in Providence, R.I., the primary teaching affiliate for Brown University Medical School in obstetrics, gynecology and newborn pediatrics.
But at least five other organizations the HHS grants support are doing their part to contribute to what President Bush calls a "culture of life."
The Christian Medical and Dental Associations, the nation's largest faith-based organization for doctors -- which opposes abortion and stem cell research and supports the Unborn Child Pain Awareness Act -- is sharing $304,000 with the Baptist Health System Foundation, Bethany Christian Services and the National Embryo Donation Center (NEDC), which is housed at Knoxville, Tenn.'s Baptist Hospital for Women and which offers medical, legal and psychological services for embryo donors and recipients. (The salary of the NEDC's spokesperson, who travels around educating infertility clinics about the center's services, is paid by HHS.) In that regard, they're doing much the same work as RESOLVE -- and they share the goal of tapping into the estimated 400,000 frozen embryos currently stored in the U.S. -- but they're coming from a different place.
"If you believe that an embryo is human life, you think there ought to be something better to do with that human life than to discard it," says Dr. Jeffrey Keenan, director of the NEDC. After about a year in operation, the center has approximately 200 couples wait-listed for embryos and about 80 sets of embryos available; they've performed eight embryo transfers, resulting in two pregnancies, and have just completed seven or eight additional transfers. Keenan acknowledges that his views, and the Christian overtones of many embryo "adoption" endeavors, are "part of the pro-life spectrum."