What Happens to Embryos When a Marriage Dissolves? Embryo Disposition and Divorce
Theresa M. Erickson, Megan T. Erickson, 35 Wm. Mitchell L. Rev. 469
One of the principal legal issues of ART, at the moment, regards the disposition of embryos and whether a couple that uses assisted reproductive technologies should be governed by the laws of contract or by the right to procreate. More specifically, when the couple decides to divorce and cannot agree on the disposition of the embryos that they created through ART, the following questions must be asked: who should have the right to procreate and who should not? Should the couple’s informed consent contract, which was signed before the creation of the embryos, trump the rights of the parties individually after the embryos are already in existence?
