What Happens to Frozen Embryos in a Divorce?

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Reproductive experts around the U.S. estimate that hundreds of thousands of embryos are being stored in fertility clinics across the country, according to a recent article in Parenting magazine. Modern science has given hope to people struggling to naturally conceive by creating embryos from sperm and egg, offering more chances for children.

But what happens when a couple with cryogenically frozen embryos decides to part ways?

The First U.S. Case Involving Frozen Embryos in Divorce

The first U.S. case to consider frozen embryos in a divorce was nearly 20 years ago, in Davis v. Davis in Tennessee, as reported by Divorce Source. In this case, the wife wanted to donate the frozen embryos to a childless couple, but the husband wanted them destroyed. Initially, the trial court ruled that the embryos were essentially children and awarded them to the wife.

However, the Tennessee Supreme Court held that embryos are neither property nor children but are instead a unique entity with aspects of both categories. The higher court ultimately ruled in favor of the husband, citing that his decision not to have children was constitutionally protected, leading to the embryos’ destruction.

Legal Framework for Frozen Embryo Disputes

The Davis ruling established a framework for resolving similar disputes involving frozen embryos across the country. Courts often follow this precedent, balancing the rights of individuals to have or not have children.

For instance, a San Francisco judge ruled in November 2015 that frozen embryos a woman wanted to use to have children, despite her ex-husband’s protests, would be destroyed. In this case, the couple had signed a consent form at their fertility clinic agreeing that the embryos would be destroyed in the event of a divorce. The court upheld the consent agreement as a binding contract and ruled in favor of the ex-husband.

Considerations in Frozen Embryo Disputes

These cases illustrate the complexity of deciding the fate of frozen embryos during divorce proceedings. Courts often weigh factors such as prior agreements between the couple, the rights of both parties, and the potential motivations behind using the embryos post-divorce.

Conclusion

If you are facing a divorce involving frozen embryos, it’s crucial to seek legal counsel to navigate the complexities of these cases. The experienced family law attorneys at the DiPietro Family Law Group have decades of experience handling all types of family law matters and are here to help you.

Contact one of the DiPietro family law attorneys today to schedule a consultation with a caring professional at (888) 530-4374, or visit us online.

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