Contract Controls Disposition of Pre-Embryos After Divorce

Scott Swier
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Founding Member, Attorney At Law

In a new decision, the Supreme Court of Connecticut upheld the enforceability of a fertility clinic agreement in which the parties agreed that their frozen pre-embryos would be discarded in the event of divorce. 

While only a handful of states have addressed the issue of disposition of pre-embryos upon divorce, the majority of those that have apply a contractual approach - holding that the parties’ contract as to disposition is controlling where such a contract exists.

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