Legal disputes rise over control of frozen embryos

Legal disputes regarding the control and disposition of frozen embryos are increasing as in vitro fertilization (IVF) becomes more common. These cases often arise during divorce or following the death of a spouse, creating complex challenges for courts and families.

In a notable Alabama case, Erin Millinder was granted court approval to control frozen embryos following a divorce from Adam Rubin. While Rubin argued that using the embryos would force him into unwanted parenthood, Judge Teresa Ciccotto ruled that Millinder’s interests overrode his. Millinder has since implanted an embryo and is pregnant, though an appeal from Rubin remains pending.

Beyond divorce, the death of a spouse introduces further legal ambiguity. In jurisdictions like Illinois, the surviving spouse does not automatically gain control. Instead, the outcome depends on fertility clinic agreements, written consent forms, evidence of the deceased spouse’s intent, and state statutes regarding assisted reproduction. Legal experts emphasize the importance of reviewing informed consent documents and marital settlement agreements to determine the fate of cryopreserved embryos.