Rebecca Tarn, Leading Female Solicitor at Major Family Law, the top divorce and family law specialists, Newcastle states:
A divorced woman has been told by a court in California that she must comply with an agreement entered into with her former husband to destroy five frozen embryos in the event of divorce.
The woman, who is suffering from cancer, wished to keep the embryos against her ex-husband’s wishes. She argued that the embryos represented her last chance to have children.
Under Californian law, couples must decide what to do with embryos they create in case of separation or divorce. The court found that the consent form signed by the couple when they started fertility treatment stated the embryos should be destroyed if they divorced and this had to be upheld.