Frozen Embryos, Divorce, and Needed Legislation: On the Horizon or Has It Arrived?

In 1984, the first baby was born from a frozen embryo. However, it wasn’t until 1992 that the legal world started thinking about what to do with unused frozen embryos when couples get divorced. Since then, there have been a few court decisions about this, but they don’t provide a clear answer for future cases.

When couples undergo infertility treatment, they often end up with extra frozen embryos. This is because making multiple embryos increases their chances of getting pregnant. However, it also creates a problem if the couple doesn’t use all the embryos and then decides not to have more children. As of 2008, there were about 500,000 frozen embryos in the U.S.

Many couples don’t think about what to do with the extra embryos until they have to. And if they never use them, it can be hard to decide what to do with them. A recent study found that fertility patients have to make decisions about what to do with their embryos if they get divorced. Florida law says that donors of eggs, sperm, or embryos give up their parental rights. Couples can make written agreements about what to do with their embryos in case of divorce, but if they don’t, the court will decide. The American Bar Association has a model law that encourages couples to make written agreements before creating embryos. This law also explains what happens to the embryos if the couple gets divorced. Courts have to decide whether to allow one spouse to have a child using embryos created with both spouses’ consent, or to respect the other spouse’s decision not to have more children. Even if both spouses wanted kids when they made the embryos, the law has to consider if they have the right to change their minds about what to do with the embryos. This raises questions about the equal rights to have children and to not have children, which are important and controversial. Some courts have ruled that if a married couple had agreed in writing to either destroy or donate frozen embryos in the event of a divorce, then that agreement should be upheld. For example, in a case in Texas, a husband and wife had signed a contract agreeing to destroy the embryos if they got divorced, and the court enforced this agreement. On the other hand, in a different case in Tennessee, a couple did not have a written agreement about what to do with their frozen embryos, and the court ruled in favor of the husband’s wish to have the embryos destroyed, instead of the wife’s desire to donate them. The court said that if there’s no written agreement, they have to consider each person’s rights and whether they have other ways to have children. This article talks about the legal issues surrounding unused frozen embryos created through reproductive technology. It discusses a case where a court found a couple’s agreement about what to do with their embryos unenforceable, and it mentions that some states are considering laws to regulate what happens to these embryos. The article emphasizes the need for laws to help resolve these difficult issues, especially when couples divorce. In the future, there may be laws requiring married couples to make agreements about what should happen to frozen embryos if they get divorced. But there are already a lot of existing frozen embryos with no agreements in place. Even if a couple has an agreement, one person might still try to challenge it later on. It’s also not clear if all IVF facilities can change their procedures to avoid creating too many embryos. For now, it’s a good idea for couples considering IVF to make a plan for what should happen to their embryos in case of divorce. In Florida, it’s already required by law. This text discusses Florida laws and court cases related to frozen embryos from in vitro fertilization. It mentions a law that addresses how frozen embryos should be handled, and a court case where a woman agreed to let her ex-husband decide what to do with the embryos. It also talks about a model law from the American Bar Association that sets rules for assisted reproductive technology, like IVF. The article discusses court cases and legislation related to the disposition of frozen embryos in the event of divorce or death. It also mentions a lawyer, Maria C. Gonzalez, who specializes in family law. The article is from the Family Law Section of The Florida Bar.

Source: https://www.floridabar.org/the-florida-bar-journal/frozen-embryos-divorce-and-needed-legislationon-the-horizon-or-has-it-arrived/