Should divorced couples toss frozen embryos?

Filed under: Divorce & Custody, Health & Safety: Babies, Medical Conditions

Once upon a time, if a man and woman were to separate, they argued over simple things such as who would get the dog, who would stay in the house and who would have to take that hideous set of dishes passed down from Old Aunt Edna.

These days? How about what to do with the frozen embryos?

A couple from the Houston area are fighting over just that. Long story short: They got married and decided to wait for two years to have children. They went through the process to create embryos through fertility treatments after she had miscarriages but the night before the procedure, he backed out.

According to the article linked, he also listed his qualms against the marriage, including her hostility towards God. Needless to say, they divorced. Originally, a court gave the embryos to her. He appealed and had them awarded to him. Now it in the state supreme court.

She says it is her last chance to be a biological mother (she's 45). He says "no way," citing that they can't be used against his will. She says she doesn't believe in tossing the embryos, equating it to abortion.

In the past, if a couple were to have babies after a divorce, it meant they had to get together to have sex. Now? They just have to have access to the embryos.

It will be interesting to see where this case leads as I'm sure there will be more and more cases where this happens. What should happen to the embryos after a divorce?

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AdviceMama Says:
Start by teaching him that it is safe to do so.