Frozen Embryos and Divorce

Modern technology is drastically changing the landscape of divorce. A recent court case on the West Coast has opened up a question for couples in Utah and the rest of the country: What happens to frozen embryos if the couple divorces? Though the answer may seem obvious, other factors come into play that make this issue quite complicated.

The couple had decided to freeze embryos after the wife was diagnosed with breast cancer. Knowing the radiation and chemotherapy treatments would render her virtually infertile, the frozen embryos were essentially their only choice for having children. During this process, they signed a contract stating that, should they divorce, the embryos would be destroyed.

Though this issue has been raised in divorce courts throughout the country, this case in particular is raising eyebrows. On one hand, the man does not want to be responsible for raising a child, paying child support and other factors. Plus, the contract they signed was rather explicit when it came to divorce. But, on the other hand, because of the cancer treatments, the wife would likely never have any other opportunity to have children of her own. Additionally, attorneys on both side are arguing the legal validity of the signed contract.

Whichever way the courts rule, it could have a profound impact on future decisions in cases throughout the country. Courts tend to side with the party that does not want to procreate, but at the same time have never ruled against a party if the frozen embryos were the only way they could have biological children.

Though this may not be a common issue, figuring out child support and other problems are. Anyone who is going through a difficult divorce in Utah may benefit from speaking with an experienced attorney.

Source: Utah Public Radio, “After A Divorce, What Happens To A Couple’s Frozen Embryos?” Jennifer Ludden, August 22, 2015

Published On: August 27th, 2015Categories: Child SupportComments Off on Frozen Embryos and Divorce
Share This Story, Choose Your Platform!
About the Author: Marco Brown
Marco C. Brown was named Utah’s Outstanding Family Law Lawyer of the Year in 2015. He graduated with distinction from the University of Nebraska College of Law in 2007 and is currently the managing partner of Brown Family Law, LLC.
Contact Us – We Are Here to Help You

Schedule a time to talk with us – we are here to help you. When you meet with your attorney, we will go over your entire case, your children, your money and everything else that’s important to you. Our goal is to remove the fear associated with divorce by protecting your money and maximizing your time with your kids, all within 3-6 months. We look forward to meeting with you!

Call us 24/7 at 801-685-9999 to Speak with a Live Representative
Get A Legal Consultation With An Experienced Utah Attorney
Your privacy is 100% guaranteed, your information will never be sold or shared.

While this website provides general information, it does not constitute divorce advice. The best way to get guidance on your specific divorce issue is to contact a lawyer. To schedule a divorce consultation with an attorney, please call or complete the intake form above.

The use of the Internet (or this form) for communication with the firm (or any individual member of the firm) does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.