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Frozen Embryos and the Marriage/Divorce Contract

FROZEN EMBRYOS

PLEASE UNDERSTAND IT IS A CONTRACT

Why is it when people sign a legally binding agreement, they think they can decide to change their mind about the legality of the signed document when it suits them?  When parties decide to separate or divorce and there are minor children involved, the parties fight over custody.  The same is true with frozen embryos; couples are now fighting over the custody of frozen embryos, even when there is a signed agreement as to what their wishes are if they were ever to part ways (married or not).

Bilbao v Goodwin is currently attracting a lot of attention.  The parties are now divorced and have a daughter through IVF.  They have additional embryos being stored; however, the stored embryos, upon separation, are to be discarded per their signed agreement.  Mr. Goodman is arguing that the embryo should not be discarded and that another couple should have the opportunity to adopt.  Ms. Bilbao is arguing that the signed agreement should be upheld.  There are multiple gray and shady areas when it comes to the laws pertaining to and surrounding assisted productive technology.  It’s difficult for our court system to make a ruling on how we are supposed to balance one individual’s right to be a parent against the other party’s right not to have children.

In the moments of love, in the moments of hope and in the moments of despair, people are entering into legally binding contracts and it is important you know and understand what you are signing.

All parties entering into the fertility journey, should remember to make their intentions known and sign an agreement with their fertility clinic. https://familylawyermagazine.com/articles/fighting-over-custody-of-frozen-embryos/

The attorneys at Kathryn Wayne-Spindler & Associates are experienced attorneys who change with the times to meet the needs of their clients.  Contact the Milford, Michigan law office of Kathryn Wayne-Spindler & Associates at 248-676-1000 for assistance. The attorneys of Kathryn Wayne-Spindler & Associates practice law throughout Southeastern Michigan including Oakland, Wayne, WashtenawGenesee and Livingston counties as well as four mid-Michigan counties ClareGladwinOgemaw and Roscommon. The attorneys handle cases in Milford; Highland; Hartland; White LakeWixom; Commerce; Walled Lake; Waterford; West Bloomfield; Linden; Fenton; Flint; Grand Blanc; Holly; South Lyon; New Hudson; Howell; Clare; Gladwin; Houghton Lake; Higgins Lake; and many more Michigan communities.

Family Lawyer Magazine Fall 2019

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