Who Gets the Frozen Embryos During a Divorce? A Case for the Contemporaneous Consent Approach

The increase in the use and success of Assisted Reproductive Technology has come with an increase in legal and ethical dilemmas facing courts and prospective parents. In particular, courts in the past 25 years have grappled with the issue of frozen embryo disposition during a divorce proceeding. Most couples sign some form of contract before freezing their embryos. Many state courts, however, interpret and enforce these contracts differently than they do other contracts. While approaches to in vitro fertilization contract interpretation and enforcement already exist in some states, many states have yet to decide what will happen if a frozen embryo dispute arises. This Recent Development proposes a solution that respects the principles of contract law while still protecting the competing interests of the parties involved