What happens to a frozen embryo when a marriage or partnership ends?

Question

If you and your SO froze embryos, what should happen to them if you permanently separate/divorce? Is the answer different if one of you does not have DNA involved or is otherwise infertile? Should they be destroyed if one parent wants that, even if the other wants to keep them? Please use comments.

Answer

I think people should decide before the process begins with any unused being donated to a program such as Snowflake adoptions.

Answer

This is a wanted fetus/embryo, I'd assume they would talk about custody. 
If they decide to not keep it then they would simply dispose/destroy it. 
If one wants it then they can have it, but I wouldn't expect monetary support from the other party as it wasn't an agreement. 
My thoughts 🤷🏻‍♀️

Answer

I'm kind of shocked by how many put the mother gets them. Whose DNA? Just the mother's with a sperm donor? Then yes the mother gets them. Both DNA unless otherwise agreed upon, destroyed. Just the father's sperm and a donor egg, then the father gets them. Funny my ex husband and I have frozen embryos that we forgot about in the divorce. I received the storage bill months later, it was not even a question. I had them destroyed. I would never use someone that way. Unfair.

Answer

I think a lot of people on here don't realize an embryo is a forming child. So it's not just the mothers dna it's also the dads. I think they should have 50/50 custody unless livin in different state or city. Depending on who is more reliable they should be the primary parent. I also think if neither wants the child they should donate to a family who does. If only one parent wants to continue they still need permission from the other to continue because it's their DNA.

Answer

It would be very unusual for this to NOT have been decided, discussed, and signed off on prior to starting any treatment. Most reputable doctors won't even begin an IVF cycle without that documentation. We had decide for every imaginable scenario what we would do.

Answer

This should be decided beforehand and written into a binding agreement. It's weird tho because a woman can get pregnant and not tell the guy, keep the baby etc. so why is it different when it's a frozen embryo? It is different tho, in my opinion. I don't mind what agreement people reach, just think it should be reached prior to the process actually starting.

Answer

I can't believe people wouldn't decide this and draw up a legal contract BEFORE they freeze the embryo.

Answer

My fiancé's brother is going through a divorce and when it's final he and his ex wife's 20 something embryos will be destroyed. They signed a contract before they started the process.

Answer

Honestly I would either destroy them or donate them. Why keep an embryo with someone your not going to be with? It's not like ab*****n, just close that chapter. And leave it be

Answer

I think you would have to mutually agree if one parent decides they want to use them. Otherwise I think it's unfair. For me personally, I would never force someone to be a parent against their wishes (through natural conception also) i would hate for someone to do that to me. Signing over rights or adoption wouldn't sit comfortably with me, being an involved parent would be my only option. I also don't want my kid growing up knowing that I went ahead with fertility treatment and pregnancy knowing that their father wanted nothing to do with them.

What happens to a frozen embryo when a marriage or partnership ends?

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