Divorce is difficult, and deciding what happens to frozen embryos can make it even more emotional. These embryos often represent hope for a future child. In New Jersey, questions about frozen embryos bring together complex legal, ethical, and emotional considerations. This blog breaks down how courts in New Jersey approach the issue, what factors influence decisions, and what options are available.
What Are Reproductive Assets?
Reproductive assets include frozen embryos, eggs, or sperm. In a divorce, they are unique because they are not just physical property but have emotional and biological significance. Couples often undergo IVF and freeze embryos during fertility treatment. When the relationship ends, the embryos may be the only remaining opportunity for one partner to have a biological child.
New Jersey follows equitable distribution laws, meaning assets are divided fairly, not always equally. But frozen embryos are not treated like standard property or children. They fall into a legal gray area that courts evaluate with care.
Legal Status in New Jersey
In New Jersey, frozen embryos are treated as property with special consideration. Courts recognize that while they are not legal persons, they are more than ordinary assets. Couples can sign agreements, often at fertility clinics, about what should happen to embryos in the event of divorce. These agreements may state whether embryos should be discarded, preserved by one party, or donated.
If there is no agreement or if one spouse revokes consent, the court will examine the couple’s intentions and circumstances. The goal is to balance the right to become a parent with the right not to.
What Influences the Court's Decision?
Courts consider several key factors when making decisions about frozen embryos:
- Agreements. Signed contracts are considered but are not always final. A spouse can change their mind before the embryos are used or destroyed.
- Intentions and Circumstances. If one spouse cannot have biological children by other means, this could influence the outcome. Courts also weigh the objections of a spouse who does not want to become a parent.
- Right Not to Procreate. Courts tend to give significant weight to a person's right not to become a parent. In past cases, when one spouse wanted to discard embryos and the other wanted to use them, courts have often prioritized the right to avoid forced parenthood.
- Donation. Donation to another couple or to science is sometimes an option, but both spouses must agree. One spouse cannot be forced to become a genetic parent against their will.
Our divorce lawyer can help you understand how these factors apply to your situation and guide you through the legal process with clarity and care.
Embryo Disposition Options for Divorcing Couples
Couples may choose from several options regarding their embryos:
- Mutual Discard. Both parties agree to destroy the embryos, providing closure.
- One Spouse Retains Them. With clear, mutual consent, one spouse may keep the embryos. Legal agreements should clarify that the other party waives parental rights.
- Donation to Another Couple. If both agree, the embryos can be donated anonymously through an embryo adoption program.
- Donation to Research. Some couples choose to donate embryos for scientific use.
- Continued Storage. If no decision is reached, the embryos can remain frozen for a set period. This can be part of a divorce settlement, but it is not a permanent solution.
Reaching a mutual agreement helps avoid court battles and gives both parties more control. Legal or mediated agreements can be added to the divorce terms and help prevent future disputes.
When Spouses Disagree on Frozen Embryos
If the couple cannot agree, a court will decide. In most cases, New Jersey courts will not allow one spouse to use embryos without the other's consent. This respects the principle that no one should be forced into parenthood.
Judges may allow embryos to remain frozen, be discarded, or in rare cases, grant one spouse permission to use them if there is no other path to biological parenthood. However, courts have not clearly endorsed this path, and there is no New Jersey statute that assigns embryos to one party.
Contested cases are emotionally draining. Mediation can help couples find a compromise, such as continued storage or donation, and may be less painful than litigation.
Compassionate Guidance from Lane & Lane, LLC
Divorce cases that include frozen embryos often involve sensitive emotional issues and complicated legal questions. At Lane & Lane, LLC, we offer compassionate guidance tailored to your unique situation. Our team helps clients across Somerset County and surrounding areas navigate divorce and reproductive asset disputes with clarity, empathy, and respect. We listen closely, explain your legal options, and help you move forward with confidence.
If you are facing difficult decisions during divorce, we are here to support you every step of the way. Contact us at (908) 259-6673 to schedule a case review with our team.
