There have not been many cases regarding the disposition of frozen embryos between partners that have reached the appellate level in the states. In fact, there are only about a dozen cases, but the results of these cases are horrifying. If there was any agreement existing between the partners to give the embryos to one of the partners upon separation, these agreements were struck down but agreements to kill the embryos were upheld. The arguments to invalidate agreements range from a Constitutional right not to be a parent to invalidating agreements for very minor issues. But one thing is certain, awarding embryos to a partner is almost an impossible task, EVEN WITH A WRITTEN AGREEMENT. The body of law being created is dangerous and unjust to the parties involved. I mean, why not just give the embryos to the partner who wants them and cut off the other’s parental rights? Isn’t this done all the time for less deliberate methods of birthing children? Here are some of the current ones:
Loeb v. Vergara – In this California case, Loeb filed to gain custody of his two embryos created with Vergara while the two were engaged. The two signed a consent form that stated neither could use the embryos without the other’s consent; however, there was no agreement as to what to do with the embryos in case of separation or a dispute. Loeb’s case was voluntarily dismissed by Loeb; however, the case is still technically open to deal with some issues brought up by Vergara, such as attorney’s fees, etc. In addition, a trust that was created by Loeb for his daughters, Emma and Isabella (the embryos) in Louisiana brought a suit shortly after the dismissal of this lawsuit.
Emma and Isabella Louisiana Trust v. Vergara – In this Louisiana case, the embryos (Emma and Isabella) through their trustee are suing Vergara for their right to live and benefit from the trust. This is a unique lawsuit that has many procedural barriers, but if successful could make a path for those who want to save their embryos in a climate currently which does not allow them to. For more information see http://www.thedailybeast.com/sofia-vergara-embryo-case-could-open-floodgates
Wilson v. Delgado – In this recent Georgia case, Wendy Wilson is fighting for her three remaining embryos, although her eggs were not used in the IVF process. She has twin children from the same IVF process with the same egg donor using her ex-husband’s sperm (Delgado). The court awarded the embryos to Delgado stating that they were his “genetic material” and therefore, he would be able to destroy them or donate them. The Georgia Supreme Court heard the case in April of 2017 and Wilson is awaiting the decision. http://www.13wmaz.com/news/local/couples-fight-over-embryos-headed-to-georgia-supreme-court/431041164