You can encounter several issues in a divorce. One of the more complex ones can involve figuring out what to do with your IVF embryos. While you created them with the hopes of expanding your family, it can become a point of contention when you and your spouse decide to split.
To navigate and handle this sensitive matter, it’s essential to understand the legal landscape of IVF in California.
Embryos and California’s community property laws
If a couple has frozen embryos together when they get divorced, California typically views them as property rather than legal children. Because of this, embryos can be treated like other forms of marital property.
However, if spouses have a prior agreement with their fertility clinic regarding what happens to embryos if they are to divorce, the agreement can have a significant influence if spouses have to take this matter to court.
The role and importance of prior agreements
While not required by the state of California, many fertility clinics ask you to sign documents detailing what should happen to the embryos under various circumstances, including separation or divorce. These agreements can be invaluable, serving as a guide for making decisions that honor both parties’ wishes.
If you and your spouse have an agreement like this, they often play a significant role in determining the outcome. If you don’t, a family law court may look at several factors in deciding what will happen to them. These factors include:
- The intentions of both spouses regarding the embryos
- If there are any intentions by either spouse to act in bad faith with the embryos
- The potential for one party to be a biological parent of the embryo in the future
The outcomes in these types of cases can often depend on the couple and their circumstances.
Determining what to do with IVF embryos
When it comes to making a decision, there are several possible outcomes. These outcomes can include:
- Transfer to one party: In some cases, one party may want to keep the embryos for future use. This can be a viable solution if both individuals agree, or if external authorities decide that the embryos should be awarded to one person.
- Donate them: In other instances, embryos can be donated for research purposes or given to another couple in need. This option can be a compassionate choice, allowing the embryos to contribute to scientific advancement or help another family.
- Discontinuing preservation: If neither party wishes to use or donate the embryos, they may decide to discontinue preservation services. This can be a difficult decision for people to make, but some may find it necessary.
If neither party can agree on what to do with the embryo, a court may require the parties to continue storing it. The amount of time it can remain stored can depend on the terms of the agreement, as well as timelines set by the fertility clinic.
It’s important to explore your options
Determining what to do with an embryo during divorce can be incredibly difficult and emotionally taxing. However, finding a resolution that satisfies the needs of both parties is possible. If you have questions about what to do or how to proceed, an experienced California family law attorney can help you evaluate your options and advocate for your needs and interests as you seek a viable solution.