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Who gets custody of an embryo?

July 10, 2019 | Firm News

The advances in fertility treatments and methods couples can use to get pregnant if they are struggling with conceiving the natural way are wonderful. They give people who otherwise might be unable the chance to be parents. One of the ways science has found to help people become parents is by creating embryos in the lab. The embryos are then either stored or implanted into a woman’s uterus. This is amazing, but it can also be a challenge when you decide to divorce. After all, the embryos are potential children, so who will get custody? Colorado Public Radio explains the Supreme Court in Colorado has already made a ruling on the issue of embryo custody.

In some cases, when you create the embryos, you will also create a contract. In that contract, there may be the option to decide what happens to the embryos if you divorce. However, many contracts also have just a general clause that leaves it up to the court to make the decision. If you have that type of contract, then you are at the mercy of the courts.

In one case where this happened, the original rulings were in favor of the father. The case went to the Supreme Court that sent it back to the lower court rejecting this verdict. The Supreme Court demanded the lower court consider the reasons the couple used in vitro, the ability of each parent to become a parent without the use of in vitro, the intended use of the embryos and any other considerations relevant to the case.

The court also states that there are certain considerations a court should not use when deciding custody of embryos. These include being able to adopt, already having children or the ability to afford a child. This information is for education and is not legal advice.

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