What Happens to Frozen Embryos if the Couple Divorces?
In Vitro Fertilization (IVF) is on the rise as more and more couples are having a difficult journey towards parenthood. IVF, or in vitro fertilization, is a series of medical procedures intended to aid with fertility and to assist with conception. Many individuals believe IVF to be the most effective form of assisted reproductive technology. Couples usually decide to use their own eggs and sperm, if possible. If not, it is not uncommon to use eggs, sperm, or even embryos from a donor. While the idea behind IVF is to create a family, what happens when the couple divorces? Here are a few things to know about what happens to frozen embryos in the case of a divorce.
What was agreed to?
Typically speaking when IVF treatments begin, couples sign an agreement that dictates how the embryos will be used while they are still together. The question exists though when the couple is no longer together, what happens to the embryos? In many cases, they sign an agreement that states what will happen if the couple breaks up, or if one of them passes away.
What are the options?
There are generally three options that are identified in the agreements. First, destroy the embryos. Second, donate the embryos to medical researchers or third-party recipients. And finally, the couple decides to have joint authority or sole authority over the embryos. While couples are still together the thought of needing a divorce attorney present at the time they sign an agreement is not there. However, without a family law attorney taking part in the agreements, you could end up in a very precarious situation.
What happens in my state?
The laws around frozen embryos vary from state to state. Some states uphold the original agreement, a balance test conducted by the court to determine whether procreation or not is a more viable option, or leaving the embryos frozen until both parties can come to an agreement.
Having a family is one of life’s biggest blessings, make sure you have a family attorney involved in any agreements you sign regarding IVF to protect yourself now and in the future.