IVF treatment is becoming more and more popular with medical advancements. Consequently, we should start to see an increase in the amount of lawsuits over embryos. Family law is governed by the states, so there is little unified guidance on how these types of cases should be handled. There is, however, a rough consensus on the issue—if there is a contract, you must follow it. If no agreement, the main exception is that the embryos can be used if it is one party’s last chance to become a genetic parent. With this decision, it is important to remember that the embryos were created with the full knowledge and consent of both parties. Another issue that will come to volition is how to classify these embryos. Should family law apply, or are the embryos considered property? With such uncertainty surrounding this issue, it is important that people carefully consider the outcomes when choosing IVF.
See Angela Chen, Who Owns Frozen Embryos?, Verge, December 13, 2016.
Special thanks to Naomi Cahn (Harold H. Greene Professor of Law, George Washington University School of Law) for bringing this article to my attention.
