CALL NOW for a FREE Phone Consultation!
Phone Icon678-926-9234
Speak with Attorney Ed Hecht live 7 days/week 8am—9pm

Making decisions about IVF embryos when getting a divorce

When a Georgia couple decides that it is time to start a family, they may turn to in vitro fertilization in order to conceive a biological child. However, the process can be emotionally draining on many couples, potentially becoming a factor in a split or a divorce. If this happens and the couple still has frozen embryos that were not implanted, they will have to make decisions about what they want to do.

Under the law, frozen embryos are considered to be personal property that belongs to both individuals. However, there is very little protection available for the embryos. When a couple first begins the IVF process, they usually are asked to sign a consent form that determines what they want to do with any embryos they create if they split up or if they die. This consent agreement, however, is often not enforceable in court.

Generally, the court will not force people to become a parent against their will if they do not want to use the embryos to create a child. The exception to this is if this is the last chance for a person to become a biological parent.

Going through a dispute regarding created embryos during a divorce can be emotionally difficult. One problem is that this is not a situation on which there is an abundance of case law precedent. As a result, family law attorneys might suggest to clients who are facing this type of an issue that mediation might be a preferable way of coming to a resolution instead of having a judge make the decision in a vacuum.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Ask Us Your QuestionsSubmit this form, and you’ll hear from us very soon.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Hecht Family Law
12600 Deerfield Pkwy
Suite 125
Alpharetta, GA 30004

Phone: 678-926-9234
Alpharetta Law Office Map

review us