There are two distinct issues that couples who have Stored Genetic Material must ask themselves: (1) What happens to our Stored Genetic Material if we someday divorce or encounter other family law proceedings? (2) What happens to our Stored Genetic Material upon our death?
For purposes of this discussion, Stored Genetic Material refers to cryopreserved embryos, eggs or sperm.
The potential issues are related to the use of Genetic Material after divorce or a person’s death and the status of the resulting children for purposes of child support and as potential heirs of the decedent’s estate.
Individuals with Stored Genetic Material must consider the importance of Estate Planning when discussing disposition of such material, but what also becomes important are any forms that the parties may have signed with their fertility clinics during the process of creating the Stored Genetic Material because those documents may provide for disposition that may or may not be your intent in the future.
In Pennsylvania, it is important for your Will to address the disposition of Stored Genetic Material that correlate to clinic consent forms or at a minimum provides opportunity for you to revise the intent of clinic forms if circumstances have changed in your life.
When dealing with legal issues as a result of infertility or infertility treatments, you should speak to an attorney experienced in the knowledge of Assisted Reproductive Technology Law as well as Family or Estate Planning Law, as all of these potential legal issues may be applicable to your personal situation and understanding the law and your options is paramount in the forefront of your journey.
heARTbeat is a publication of KingSpry’s Adoption Law and Assisted Reproductive Technology Law Practice Group. It is meant to be informational and does not constitute legal advice.
