ASHBA Registry Announces New Rule to Record the Transfer of the Ownership of Embryos
Monday, July 3, 2023
The Registry of the American Saddlebred Horse and Breeder’s Association, Inc. has adopted two rule changes that will assist breeders with the increasingly popular practice of selling Saddlebred embryos. Prior to the rule change, an embryo purchaser could only record the transfer of registration rights from the owner of a donor mare to their name at the time of registration of the foal produced. Under the new rule, the transfer may be recorded with the Registry as early as when the disposition of the embryo is known. Recording the embryo ownership transfer is optional and parties may continue to use the process set forth in the Application for Registration. A donor mare owner may also assign the breeder’s designation when recording the embryo ownership transfer. See new rule Section V. (Transfer of Ownership) C. (Procedure to Record Transfer of Ownership) 3. (Transfer of Embryo).
The second rule change is with respect to the presumption of ownership of a foal produced via embryo transfer. Prior to the rule change, the presumed owner of the foal was the owner of the donor mare at the time the embryo was transferred to a carrier mare. Under the new rule, the presumed owner of the foal is the owner of the donor mare at the time the embryo is recovered from the donor mare. This rule change comes into play when embryos are frozen and the donor mare is sold before the embryos are transferred to a carrier mare. See rule Sections III.A.6 and III.K.5.
These rule changes only address recording the ownership transfer with the Registry. Parties are encouraged to use appropriate written contracts and to consult an attorney to ensure that their intentions are properly documented.
The fee to record the Embryo Ownership Transfer is $25.00 per embryo. The fee to assign the breeder’s designation continues to be $50.00.
Please click here for the new Embryo Ownership Transfer Form
Please click here for the updated Registry Rules and Regulations
Please click here for FAQs regarding the new embryo ownership transfer rules
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