Embryonic Custody
Child custody is always a serious, deeply personal concern when it comes to divorce – and because of advances in technology, it may become even more complicated. With the recent refining of assisted reproductive technology, more and more couples are freezing embryos with the intent of fertilizing them later. This genetic material can become a contentious point when a relationship ends, with partners disagreeing about what should be done with the embryos.
If you or someone you love is getting a divorce and embryos are involved, the West Palm Beach divorce attorneys of Eric N. Klein & Associates, P.A. may be able to help. Contact us today by calling 561-353-2800.
Divorce and Embryos
Unfortunately, because assistive reproduction is relatively new, there is little in the way of legal precedent to determine “custody” of the embryos. There have recently been several court cases at the regional or state level that may have an effect on embryonic custody, including:
- Massachusetts: A judge ruled in favor of a man who was suing his former wife to prevent her from using embryos created during their marriage. The judge said that the man had a right to not be a parent.
- Texas: In a case that may go to the US Supreme Court, a man is suing his former wife to stop her from exercising what she says is her right to use embryos which were created during their marriage. The man says they were created with the intention that they would only be used within the marriage, while the woman says that it is her last chance to have biological children due to her age.
Embryonic custody is a new and highly complex legal issue. The outcomes of trials like these could have far-reaching effects on divorce and family law throughout the nation.
Contact Us
If your divorce concerns the ownership of embryos, the West Palm Beach divorce lawyer, Eric N. Klein, may be able to help you get the outcome you want. Contact us today by calling 561-353-2800.


