Who Gets the Frozen Embryos During a Divorce? A Case for the Contemporaneous Consent Approach

December 17, 2019

Abstract: The increase in the use and success of Assisted Reproductive
Technology has come with an increase in legal and ethical dilemmas
facing courts and prospective parents. In particular, courts in the
past 25 years have grappled with the issue of frozen embryo
disposition during a divorce proceeding. Most couples sign some
form of contract before freezing their embryos. Many state courts,
however, interpret and enforce these contracts differently than they
do other contracts. While approaches to in vitro fertilization
contract interpretation and enforcement already exist in some
states, many states have yet to decide what will happen if a frozen
embryo dispute arises. This Recent Development proposes a
solution that respects the principles of contract law while still
protecting the competing interests of the parties involved.

Author: Sarah B. Kirschbaum

PDF: //ncjolt.org/wp-content/uploads/sites/4/2019/12/Kirschbaum_Issue2_Final.pdf

Volume: Volume 21, Issue 2