When a Colorado couple who had three children together through in vitro fertilization (IVF) decided to divorce, a bitter battle about what would happen to their six remaining frozen embryos ensued. The case, now before the Colorado Supreme Court, addresses a difficult question, as the wife wants to keep and potentially use the frozen embryos in the future. The husband maintains he has the right to decide not to be forced into having additional children against his will.

The contracts the couple signed when going through fertility treatments did not determine who would have control over remaining frozen embryos in the event of a divorce. Instead, they simply provided that a court of law would decide what would happen. The divorce court initially awarded the frozen embryos to the husband as part of the settlement, and the wife appealed that decision.

In support of the wife’s assertion that she should have the right to choose to use the frozen embryos, the Thomas More Society has written a brief asserting that the case hinges on whether the husband should have the right to terminate human life. For his part, the husband has the support of various groups who back his position saying that the court should not be able to force procreation.

This is not the first legal battle related to frozen embryos, and it probably will not be the last. As assisted reproduction continues to grow, questions about custody and parenting rights will likely grow with them, so reproductive rights groups are closely watching the outcome of this case.

Before signing contracts or agreements related to assisted reproduction, talk to your attorney to ensure that legal agreements are drafted in a way that will adequately protect your rights and interests now – and in the future.

The Surrogacy Law Center, PLC offers caring and professional assisted reproductive technology services to individuals and families, with staff that speak Mandarin, French, and Spanish. Based in Carlsbad, CA, we are dedicated to drafting comprehensive surrogacy, egg, sperm and embryo donation contracts as well timely and thorough parentage orders. No matter what your legal needs may be, we are here for you. We will carefully listen to you to create a contract and a plan to help build your family that meets your wishes and needs. Contact us today to get started!