Also known as: in vitro fertilisation · IVF
Written by attorneys · grounded in primary & secondary sources — see below
A medical procedure in which an ovum is surgically removed from a genetic mother’s ovary and fertilized with the sperm of the genetic father in a laboratory procedure, with the resulting embryo implanted in the uterus of a birth mother. The process often produces multiple embryos that may be cryopreserved for later use or transfer.
After Isabelle Inman and Ike Ingram divorced, Isabelle sought to have their frozen embryos thawed and discarded pursuant to a storage agreement they both signed before IVF. The clinic refused without a court order. The court enforced the prior written directive because the progenitors had addressed the contingency of divorce in their agreement.
Iris Irons and Iain Irons demanded that their storage clinic release cryopreserved embryos to an out-of-state facility for use by a gestational surrogate. The clinic refused, citing internal policies. The court treated the embryos as the couple's property under the cryopreservation agreement and ordered the transfer.
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After A.Z. and B.Z. divorced, B.Z. sought to implant frozen embryos created during their marriage. A.Z. objected and sought an injunction. The court refused to enforce any implied agreement allowing implantation and balanced the parties' interests, favoring the party seeking to avoid procreation.
After Robert Capato's death, his widow Karen underwent IVF using his frozen sperm and gave birth to twins. She applied for Social Security survivors benefits on their behalf. The Court held that the twins qualified only if they could inherit from Robert under state intestacy law.
Maureen Kass and Steven Kass signed multiple consent forms before IVF that addressed disposition of frozen embryos upon divorce. After their marriage ended, Maureen sought implantation while Steven sought destruction. The court enforced the forms as a prior agreement governing the embryos.
Mark and Crispina Calvert arranged for Anna Johnson to serve as a gestational surrogate after IVF created an embryo using their gametes. Anna later claimed parentage. The court held that the parties' intent as expressed in the surrogacy agreement determined legal parentage of the resulting child.
Courts first enforce any prior written agreement addressing disposition upon divorce. Only if no such agreement exists do courts balance the parties' interests, generally favoring the party who wishes to avoid procreation absent compelling circumstances.
When a cryopreservation agreement characterizes the embryos as the couple's property, courts treat them as a form of property subject to contract principles and the parties' disposition rights rather than as legal persons.
The original cryopreservation agreement that expressly grants the couple property rights and removal authority controls over a subsequent research agreement between the clinic and a third party that attempts to recharacterize the embryos.
No. The specific storage addendum labeling the embryos as the couple's sole property and granting exclusive disposition rights controls over an optional research-donation checkbox on a separate intake form.
…form begins on a new page, with its own caption and “Patient Name.” The first two forms, “general informed consent form no. 1: in vitro FERTILIZATION AND EMBRYO TRANSFER” and “ADDENDUM NO. 1-1,” consist of 12 single-spaced typewritten pages explaining the procedure, its risks and benefits, at several points indicating that, before egg…