Who Gets the Silverware, the Car … the Frozen Embryos?

Traditional scenario. Husband and Wife marry, then have children. If Husband and Wife later decide to divorce, custody issues must be resolved.

Modern, increasingly common, scenario. Husbands and wives create and store frozen embryos due to fertility concerns. If husbands and wives later decide to divorce while they still have unborn embryos in storage, the fate of the embryos must be resolved.

Which may be every bit as contentious as custody of already-living children.

One high profile divorcing couple recently reached an agreement to destroy their frozen embryos.

But another is still fighting the good fight well over a year now.

Although this is hardly the first thing that comes to mind in the context of a prenuptial agreement or a postnuptial agreement, this is actually an excellent candidate for an agreement before the first embryo is frozen.

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