There are two trends that make frozen embryo custody a growing issue of concern in California: later-in-life marriages and improving embryo-storing technology. Divorce rates being what they are, the preservation of an embryo can shift a hopeful procedure into an area of long-term conflict.
There isn’t a lot of solid legal precedence on the topic of embryo custody. In fact, the most applicable case in California involves actress Sophia Vergara and the fight over her embryos with an ex-fiancé.
Understanding the outcome of Vergara V. Loeb
If you were to look at the coverage of the case of Vergara V. Loeb, you would see a great deal of “gray area.” The popular perspective during that time was that the defendant – Loeb – had the right to use the embryos. Yet, the court ruled in favor of Vergera. The court’s reasoning was simple: the original contract between the two parties stated that both must consent before either could use the embryos. Since Vegera did not consent, then Loeb could not use the embryos.
Embryo custody contracts are vastly important.
In most cases around embryos, the matters are often settled by the initial contract. In fact, an embryo use agreement is often a requirement of clinics before invitro fertilization (IVF) and embryo storage begins. Clinics use those agreements to ensure they have some protection from any future disputes between the partners.
Embryo “ownership” is a sensitive issue.
Embryo storage and custody combine many highly fraught areas of the legal world, as well as the powerful emotions of potential parents. Properly settling such a concern will always require greater attentiveness and care.
If you’re considering storing an embryo, you must know how uncertain the future will be, even if your relationship feels strong right now. A skilled attorney can help you secure your embryo’s future – and your say in what happens – no matter the outcome of your relationship. Looking ahead will always be the sensible option.