A case happened in California， USA in 2006 has aroused people’s thinking about embryo donation. Legislation in Maryland and Georgia uses the term embryo adoption to regulate embryo donations. A law has enacted on embryo donation， treating embryos as a transitional type and using contract law to regulate embryo adoption in Tennessee. However， there is no rule on the status or donation of embryos in most of states. The experience of the United States is that in vitro embryos should be positioned as a transitional type that deserves special respect， and that contract law should regulate embryo donation to protect the interests of both couples involved. This provides guidance for China to deal with disputes in the future.