Monday, November 23, 2015

California Judge Orders Frozen Embryos Destroyed

New York Times (Nov. 18, 2015): California Judge Orders Frozen Embryos Destroyed, by Andy Newman:

In a much-anticipated case, a trial court judge has ordered that a dispute over frozen embryos that arose in the course of a divorce case be resolved according to a contract entered into by the parties at the time the embryos were created with the use of their gametes.  That contract provided that the embryos would be destroyed if the couple ever divorced.  The woman in the case, seeking a judgment that would override the contract, argued that her cancer rendered using the frozen embryos her last hope to have children genetically related to her.  The decision giving effect to the intentions of the parties as reflected in their written agreement reflects a trend across the country.  It also reflects that in the majority of these cases, the decision has supported the party who does not wish to procreate.  Courts in Pennsylvania, Illinois and Maryland, however, "have ruled in favor of women who argued that their frozen embryos provided their only chance to have biological children . . . ."

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