You Take the Embryos But I Get the House (and the Business): Recent Trends in Awards Involving Embryos Upon Divorce

Abstract:     
More and more couples must decide what to do with frozen embryos upon divorce. This article discusses the developing jurisprudence, comparing different approaches adopted or suggested in various jurisdictions. The article concludes that while the enforceable agreement approach has its own difficulties, it is far preferable to some of the other approaches currently proposed or adopted.

Keywords: embryos, divorce, agreement, contemporaneous consent, adoption, donation, destruction

JEL Classification: J12, J13, K10

Accepted Paper Series