Embryonic Custody

Thanks to various advances in the medical field, couples who before could not even dream of conceiving their own child are able to have a successful pregnancy. The processes and options available to infertile men and women are surrogacy, envitro fertilization, and egg or sperm donors.

Unfortunately, some couples who elect to use these procedures decide to split or divorce before the embryo is implanted. This situation raises the unique question of who has custody over the embryo.

Cases to be Noted

There is currently no legal standard that exists to delegate what should happen to frozen embryos in the event of a divorce. However, there are a few cases that seem to be leading towards some sort of precedent.

One such case, heard before the Massachusetts Supreme Judicial Court, ruled in favor of the husband who did not wish for the previously-frozen embryos to be used by his wife after the divorce. The final decision upheld the Probate judge’s decision “that the husband’s interest in avoiding procreation outweighed the wife’s interest in having additional children and granted the permanent injunction in favor of the husband.”

Prevent Any Confusion

Couples who are considering using assisted reproductive technology need to consider more than the possibility of starting a family, and also think of the possible legalities should things not end as desired. It would be well advised for couples to speak with an attorney about the legal implications of their decision to be better prepared.

A San Jose Embryo Custody Attorney Can Help

If you are considering divorce and have shared frozen embryos with your spouse, you need the support and guidance of lawyer who is dedicated to your best interest. Contact San Jose embryo custody attorney Daniel Jensen at 408-296-4100.