In Part One, we discussed what happens to Stored Genetic Material if a couple should someday divorce or a partner passes away. In Part Two, let’s discuss Stored Genetic Material in the context of divorce.
In Pennsylvania, this particular question has had an impact on the disposition of cryopreserved pre-embryos.
In Reber v. Reiss, the Superior Court granted pre-embryos to a divorced spouse to pursue biological parenthood contrary to the biological father’s right to destroy the pre-embryos. When a husband and wife dispute ownership and control of embryos created during their marriage in a dissolution of marriage proceeding, the court will use a test which balances the wife’s ability in having her own biological children against the husband’s interest in not unwillingly fathering a child after divorce. Will this precedent have the same impact with regard to cryopreserved eggs in Pennsylvania? The answer is maybe.
In Pennsylvania, as in other states, the court looks to the parties’ intent at the time of embryo creation.
If the intent was recorded, such as in forms provided by fertility clinics during the process of creating the stored genetic material, these documents may bind you as to the disposition of the cryopreserved genetic material. Therefore, it is important to review and discuss these documents when you are entering into these arrangements with the fertility center to be sure your intent is clear. Otherwise, if it is not, the parties’ respective interests in procreating vs. not procreating will be balanced between the preference of the person who does not want to procreate and whether the party wanting to procreate has any other viable alternative to have a biological child.
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.
