When most people are considering their reproductive options and potentially freezing embryos for later use, they are not thinking about divorce. But the reality is that life can change quickly, and many couples end up splitting up. It’s at least worth considering what will happen to those frozen embryos if a divorce does take place.
In some senses, you may simply think of the frozen embryos as potential children. This is why things can get very complicated. You use child custody laws if you have children already, and you use property division laws for the items and assets that you own, but where do frozen embryos fit into this equation? What would happen to them?
Deciding at the beginning
The most common way to do this, and one of the best, is to make this decision at the beginning. When you go to the office, you’ll be presented with an agreement that the doctor will have you sign. Common options for frozen embryos after a divorce include destroying them, giving them to a third party who wants to start a family or donating them so they can be used for medical research purposes.
No matter what option you choose, though, you will have made the decision upfront. If one of you simply wants to keep the embryos after the divorce, you could also define those rights with this medical paperwork.
When things get really complicated is if you haven’t made any decisions at the beginning. Perhaps you went to an office where the paperwork wasn’t presented or where it was suggested, but not necessary. If you don’t have a binding agreement in place, then you have to determine what rights you each have during the divorce, and that’s when it is very important to carefully consider all of your legal options.