Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Wednesday, July 22, 2015

Battle Over Embryos

From LA Times:

A court battle between a divorced couple over the future of their frozen embryos began Monday with an attorney for the former husband accusing the woman of using the dispute to get money.

Dr. Mimi Lee, 46, a pianist and part-time anesthesiologist, married Stephen Findley, a wealthy executive, five years ago. Shortly before the wedding, Lee learned she had breast cancer.

Unsure whether the disease would make it impossible for her to have children, the couple went to a fertility center, where Lee’s eggs and Findley’s sperm created five embryos, now frozen.

Findley filed for divorce two years ago and wants the embryos destroyed. Lee, now infertile, wants to implant the embryos into a surrogate and have a baby. Without the embryos, she will never have a child who shares her genes.

The dispute — the final issue to be decided in the couple's divorce — went to trial in San Francisco County Superior Court on Monday. It will test the enforceability of consent agreements couples sign before obtaining reproductive technology and will probably make new law in California.

Read more here.

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