Frozen embryos whose property is it in the event of a divorce? ...[Show More]
4 years ago
In the event of a divorce, the clinic contract will be used to determine whose property the frozen embryo belongs to. However, it is important to note that when it comes to a dispute to destroy the cells, the frozen embryo will become the property of the person who wants them "to develop to birth." When there’s a dispute over whether to destroy the cells, the law says, the frozen embryos must go to the person who wants them “to develop to birth.” There is still a lot when it comes to assisted reproduction. On the same note, more and more couples prefer using procedures like in vitro fertilization to get babies. The outcome is increased court cases regarding frozen embryo In a recent case in Ontario Canada regarding a dispute of embryos, the court established that embryos are treated as "property" and thus decision regarding them should be made accordingly. In this particular case, the court ruled in favor of the woman because the couple signed a consent form stating that the embryo will be used as per the woman's wishes in case of a divorce.
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