Couple seeks help in conceiving child.
Couple has six embryos, frozen, in reserve.
Couple make agreement with embryo storage facility that provides that Wife has final say over what becomes of the embryos.
Then couple decides to divorce.
So, what happens to the embryos?
Husband wants to donate them to some other couple in need.
Wife wants to destroy them.
Wife doesn’t want someone else raising her biological child, and fears future attempts to reach out to her other biological child.
Notably, Husband does not attack agreement as ambiguous or against public policy.
An Oregon intermediate level appeals court recently upheld the trial court’s ruling that the contract is enforceable, and therefore Wife has the right to decide what happens to the embryos.
The court reasoned that this was a “deeply personal life choice” that should not be made by the government or the courts.