WHAT HAPPENS TO EMBRYOS WHEN A MARRIAGE DISSOLVES? EMBRYO DISPOSITION AND DIVORCE

One of the principal legal issues of ART, at the moment, regards the disposition of embryos. It is through the debate of constitutional rights versus contract law, the debate over personhood versus property issues, and the use of the denial of the writ of certiorari in the case of Roman v. Roman and whether a couple that uses assisted reproductive technologies should be governed by the laws of contract or by the right to procreate. More specifically, when the couple decides to divorce and cannot agree on the disposition of the embryos that they created through ART.
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Theresa Erickson has been practicing for over a decade exclusively in surrogacy, egg donation, sperm donation, family formation and reproductive law for clients throughout the world.