An emerging question for a growing number of splitting couples may be the still novel question that recently faced a divorcing Texas couple:
Who gets their frozen embryos?
In that case, the Texas trial court awarded them to the Wife.
But the Husband appealed to an intermediate court and won.
Then the Texas Supreme Court ducked the case, so the Husband remains the “victor”.
But note: this couple had actually signed a form consenting to the embryos being “discarded” in the event of the couple’s divorce.
It’s impossible to say how much of a bearing that consent form played in the appellate court’s ruling, but it seems reasonable to infer it may have been significant, if not compelling.