The disposition of frozen embryos is one of the most emotionally and legally challenging issues that can arise in a divorce. For some, these embryos offer the best or only path to having a biological child, while for others, the prospect of co-parenting with an ex-spouse after the marriage is over is not manageable. When divorcing parties disagree on the fate of frozen embryos created from IVF, how do New York courts resolve the dispute? Please continue reading as we explore what you should know about these matters and how an experienced Garden City Divorce Lawyer can assist you during these difficult times.
How Does New York Law Conceptualize Frozen Embryos?
New York’s appellate courts have established a clear framework, most notably in the case of Kassv. Kass. This approach meticulously weighs contract law, the validity of prior written agreements, and fundamental principles of reproductive autonomy. Understanding this judicial analysis is crucial for couples, enabling them to make informed decisions before conflict arises and navigate any disputes more effectively.
It is important to understand that New York does not treat frozen embryos as children for custody. They occupy a special intermediate category: neither legal persons nor ordinary property. Courts focus on the parties’ prior agreements and balance each person’s reproductive autonomy. Embryo disputes involve both contract and autonomy; written agreements with clinics or spouses are treated as contracts. The core question is always: What was agreed to before the conflict?
In the leading case, Kass v. Kass (1998), a divorcing couple disagreed on the disposition of their frozen pre-zygotes created during IVF. The wife wanted to use them for pregnancy, but the husband cited their prior consent forms, which stipulated that if they coun;dn’t agree, the embryos would be donated for research. This case indicates that the state expects couples to pre-determine embryo disposition upon separation. Courts will generally enforce these choices absent strong public policy objections.
How Are Embryo Disputes Resolved?
When a divorcing couple disagrees on the fate of cryopreserved embryos, New York courts first look to a clear prior agreement. New York courts usually enforce prior contracts, leading to the outcome specified, typically destruction or donation. In the absence of specific instructions, the court will prioritize outcomes that prevent forced procreation for the unwilling party. This typically results in ordering the embryos to be discarded or allowing donation for research. The court’s primary goal is to balance both parties’ reproductive rights.
New York does not have a blanket rule favoring the spouse who wishes to use the embryos. However, a narrow exception may apply in cases involving no clear prior agreement or the proponent spouse truly having no realistic alternative for genetic parenthood. Even in such scenarios, the court would proceed with caution.
For those currently engaged in a New York divorce, securing legal counsel and comprehending the state’s legal structure are crucial steps that can help streamline and simplify this particularly challenging aspect of the process. Contact an attorney at the Law Offices of Eyal Talassazan, P.C. to schedule a consultation.
