When a marriage ends after a couple has undergone in vitro fertilization (IVF), the question of what happens to any stored frozen embryos becomes a deeply emotional and intricate legal problem. Few couples contemplating IVF anticipate the possibility of divorce, yet the dispute over these embryos is a growing reality. Please continue reading as we delve into how Massachusetts courts handle frozen embryos and how an experienced Mansfield Divorce Lawyer can help you navigate your rights. 

How Does Massachusetts Law Conceptualize Frozen Embryos?

First and foremost, it is important to understand that Massachusetts courts do not treat frozen embryos as legal children for custody or “best interests” analysis. Instead, they are viewed as a unique category—more than property, less than legal persons. The primary legal focus is on reproductive autonomy and preventing one party from being compelled to become a genetic parent against their will.

Massachusetts law strongly favors the spouse who objects to using the embryos, even if they previously signed forms suggesting otherwise. In the landmark case A.Z. v. B.Z. (2000), the Supreme Judicial Court established a public policy rule: courts will not enforce any agreement, even a clear one, that forces a party into unwanted procreation. The injunction against the wife’s use of the embryos was upheld, establishing Massachusetts’ strong stance against compelled genetic parenthood.

What Are the Potential Outcomes in a Divorce?

During a divorce in Massachusetts, couples are required to determine the disposition of any cryopreserved embryos. The available outcomes for these embryos typically fall into four main categories, each with specific legal and consent requirements:

  • Transfer to One Party: In this scenario, one spouse is granted possession of the frozen embryos. This usually requires the explicit consent of the non-possessing party, a court order, or specific, compelling circumstances.
  • Donation: The embryos may be donated to another couple seeking to conceive or to scientific research. This choice mandates explicit consent of both divorcing parties.
  • Destruction: Embryos can be discarded if both parties are in mutual agreement or if neither party expresses a desire to retain them. It should be noted that storage facilities also reserve the right to destroy embryos if the associated storage fees lapse or are not paid.
  • Storage: When parties are unable to reach a voluntary agreement on any of the options above, a judge has the discretion to order the embryos to remain frozen. In such cases, the court typically requires the couple to continue covering the necessary storage fees until a new agreement or order is reached.

For individuals divorcing in Massachusetts, securing experienced legal counsel and thoroughly understanding the relevant law are absolutely critical for navigating the complex and emotionally charged issues surrounding frozen embryo disposition.

To schedule a consultation and discuss your specific situation, please contact an attorney at the Law Offices of Cynthia L. Hanley, P.C.