With the number of frozen embryos reaching 1 million in the U.S., many predict that legal disputes over frozen embryos will increase when couples divorce. In cases such as these, one spouse may want to keep the embryos to conceive children at some point in the future, while the other spouse does not.
Many state courts have sided with the party who does not want to become a parent saying no one can be forced to procreate, however some courts have been sympathetic to a spouse who has no other way to conceive a biological child.
Courts sometimes try to strike a balance between the interests of both spouses by allowing one to have the embryos for the purpose of having children while leaving the other spouse without obligation to any resulting child. However, there is no uniform approach to date as each state has its own policy.
What is certain is that disputes over frozen embryos will likely increase with a divorce rate that remains steady. As many busy couples take steps to ensure their ability to have a future family through today’s technologies, it is important to ensure that your rights are protected.
When You Have Questions About Frozen Embryos in a Divorce
Contact an Experienced Illinois Frozen Embryo Dispute Attorney For Answers
When you have questions regarding assisted reproductive technology and frozen embryo custody, contact the Law Offices of Schlesinger & Strauss for help. Attorney Gary Schlesinger has handled Frozen Embryos in dissolution cases, presented on the topic for Illinois State Bar Association, and has researched and written many supporting articles regarding frozen embryo custody disputes and assisted reproductive technology issues. Please contact Gary at 847-680-4970 or send him an email.