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Frozen Embryos, Same-Sex Couples and Divorce

New Jersey Divorce Lawyer » Frozen Embryos, Same-Sex Couples and Divorce

For same-sex couples in New Jersey, numerous legal issues can prove complicated. One example is instances in which couples create frozen embryos and then part ways before they bring a child into the world. What is done with that genetic material can be a serious legal issue, one that can drag on for years as parties argue over the fate of those embryos. This can become a serious legal matter in regard to same-sex couples and divorce.

One state is taking a bold approach to the topic through a new law that grants preference to a party who wants to use frozen embryos to bring a child into the world. Previously, most courts ruled in favor of the dissenting voice when it comes to this topic. Few judges want to force parenthood onto an unwilling party. However, there are cases that come before a court that present compelling arguments.

In the case of same-sex couples, some choose to have both parties submit eggs or sperm for the purpose of creating embryos. A donor supplies the additional material, and the couple ends up with frozen embryos that could have either party’s genetic makeup. In fact, this approach could result in twins or other multiples that have a genetic link to both partners.

When a relationship ends, one party may want to use the embryos to have a child, while the other wants the genetic material destroyed. That can bring the matter before a court. In Arizona, the state that now allows one party to have a child against the wishes of the other, the matter is likely to make its way through the court system, and could eventually reach the U.S. Supreme Court. For many New Jersey readers, the implications of this law are concerning. In regard to same-sex couple and divorce, this new approach could help simplify how frozen embryos will be used.

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