There are numerous reasons two or more people might require embryo dispute resolution. Perhaps a couple that underwent fertility treatment is ending their relationship, and there is disagreement about what to do with cryopreserved (frozen) embryos. Or one party changes their mind regarding what to do with any unused embryos. Or there are discrepancies between documents, making it unclear what the parties’ original intentions were.
To complicate matters further, there is no federal regulation governing disposition of embryos; each state has its own laws, which can vary widely.
These issues are emotionally weighty and seldom simple.
If your disagreement goes to court, the court will generally look at four factors: (1) Is there an express agreement deciding dispositional authority and should that agreement be enforced?; (2) What is the public policy?; (3) How should the interests of each party best be balanced?; (4) Does your state consider embryos to be “property”?
If you are involved in such a conflict, Leslie Schreiber can represent you and your interests in a compassionate way that will help you arrive at an amicable solution. If you are a divorce attorney, we can partner with you to help you navigate this sensitive and highly specialized arena.