If you and your spouse created frozen embryos through in vitro fertilization (IVF), divorce can raise a difficult question: Who will decide what happens to them?
One of you may want to use the embryos while the other does not. In New York, documents signed during IVF can play a central role in resolving this legal dispute.
Disputes that can arise over frozen embryos
After divorce, you and your former spouse may disagree about the disposition of frozen embryos. Disputes may involve:
- Future use: One person may want to use the embryos while the other objects to becoming a genetic parent.
- Storage: You may disagree about continued storage or responsibility for related costs.
- Donation: One person may support donating the embryos for research or to another intended parent while the other objects.
- Disposal: You may disagree about whether the clinic should discard the embryos.
A court may examine prior agreements and each party’s rights concerning embryo disposition when determining who has future control.
The role of your IVF agreement
Fertility clinics often ask intended parents to sign consent forms addressing embryo storage and future use. These documents may become central if you and your former spouse later disagree about the embryos.
Courts have relied on prior written agreements to resolve disputes over frozen embryos. If clinic forms conflict with a separate agreement or contain ambiguous terms, a court may examine the documents to determine which provisions govern.
Identifying the terms that may apply
An embryo dispute can involve documents executed at different stages of IVF. Gathering these records and comparing when each was signed can clarify the terms at issue. This review can identify the points of disagreement and legal questions that may require resolution.