Who Gets The Embryos? Why You Should Set Your Family Planning In Stone

Couples who deal with infertility now have more options than ever before when it comes to having a child. One common practice is to use a fertility specialist to fertilize eggs and then have them implanted into the mother or into a surrogate. This procedure can fail several times before it works, so extra embryos are often frozen until they are ready to use. When the couple does have a child, most decide to keep those other embryos frozen just in case they want to have another child in the future. But what happens to those embryos when things go wrong and the couple splits? People without a plan often find themselves involved in a bitter battle.  

Get Legal Advice

It's important to talk to a fertility attorney, like Carmen L. Janssen Attorney at Law, at the beginning of the process. No one wants to talk about divorce when things are going well, but the good times are the best times for rational conversation. When you make the decision to fertilize eggs, take the time to decide what will happen to them if the two of you are no longer together. Have an attorney put it in writing for you. 

Make The Hard Decisions

Talk to your partner extensively about your individual beliefs and feelings when it comes to the fertilized embryos. People are often shocked to discover that their spouses have strong convictions about these issues that differ from their own. Even if you and your partner stay together forever, you still might disagree about what should happen to the embryos. 

  • Is your partner comfortable with destroying the unused embryos after you have a child? Are you? 
  • Are you willing to put the embryos up for adoption? Many couples would love to adopt your embryo as their own. 
  • Is it acceptable to you to simply keep the embryos frozen indefinitely? Do you understand the financial commitment involved? 

Expect Change

The legal system cannot possibly keep up with changes in fertility technology. As more cases involving fertilized embryos come into courtrooms, new precedents are being established. Some states are also passing laws about the custody and ownership of embryos. By the time you are ready to make a decision about your embryos, the laws where you live may have changed. However, a written plan will mean a lot if you find yourself in a courtroom.

Fertility technology has allowed many couples to become parents and has changed childbirth as we know it. When you choose to use new methods to bring your little bundle of joy in the world, be sure you are thoroughly educated about the process and make a plan.