Embryo Agreements
Suppose you and your partner are just beginning the process of in vitro fertilization. In that case, you will be presented with contracts to sign related to future dispositions that are important for you to understand. We at Patterson Bookwalter strongly recommend that you receive legal advice before signing any contract that may have a permanent impact on your rights to either use or prevent the use of your embryos in the future.
Patterson Bookwalter can assist you in reviewing those agreements and understanding what legal impact signing the agreement may have on your future rights to the embryos. Couples work together before undergoing in vitro fertilization and talk about what each of them may want to happen in the event that they were to later separate.
Embryo Disputes
With the rapidly growing advancements in assisted reproductive technology, disputes over frozen embryos owned jointly by a couple who are decoupling are growing more common.
Suppose you have already successfully completed one or more IVF cycles and now maintain one or more frozen embryos. In that case, you may need to determine how the embryos will be handled in the future if you and your partner have separated or divorced. The options you may consider include [1] one or both of the parties retaining the embryos for their own reproductive purposes, [2] destroying the embryos, [3] donating the embryos to others for reproductive purposes, [4] donating the embryos for research, and [5] continuing to jointly maintain the embryos in cryopreservation unless and until certain conditions are met.
These are incredibly sensitive disputes because they may involve one party’s last opportunity to have a genetic child but may also involve forcing parenthood on a party who desires not to parent any more children.
Patterson Bookwalter is familiar with the changing legal landscape related to the creation and disposition of embryos and can help you understand all of the ethical and legal issues involved. No matter what stage of the process you are in, it is critically important that you consult with a knowledgeable attorney who can help you understand your rights and how to avoid inadvertently waiving those rights before it is too late.