Frozen Embryo after divorce?


I saw this case on Facebook with a celebrity actress. Because I don't feel like going back and forth to ensure complete accuracy of names and dates, I'm going to present the situation generically. Also, I know abortion topics aren't allowed and I know this is teetering on the edge of that topic but I don't think it's the same thing.

Two people get married, a man and a women. The women finds out later through the marriage that she cannot have children, therefore they decide to take her eggs out to inseminate them (by her husband), bring them to the embryo stage, then freeze them for when they are ready to use a surrogate. They had a verbal agreement that the embryos would be carried to term in a surrogate and they weren't to be destroyed.

Later on, the couple splits up before using the eggs. They divorce. The wife now wants to destroy the eggs instead of giving them to the husband because they are not together and they are her children as well. The husband is fighting in court to get the embryos and use a surrogate as planned, and even has agreed to cut compete parental and financial ties with his ex. He says he will leave his ex wife alone and take care of the kids himself.

Whose wishes should be granted? Should the husband get custody of the embryos considering the women won't need to endure pregnancy and they are his children as well? Should his feelings be taken into consideration? Or should the women's wishes be granted and the embryos destroyed?


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