Empowering Families

Assisted reproduction is truly redefining how we think about families today. When it comes to divorce, one of the most hotly debated and deeply painful issues is deciding what to do with frozen embryos that a couple has created. I’m Katherine Miller, and I’ve been a divorce attorney in New York City and New York State for over 30 years. When I first started practicing law, this issue simply didn’t exist. Back then, we might have dealt with sperm donation and the resulting children, but today, the technology has advanced to the point where couples can create embryos and freeze them for future use.

These embryos might be frozen for various reasons—perhaps one partner is facing chemotherapy, needs to have a hysterectomy, or for other personal reasons, and they’re saving these embryos for when they’re ready to have children. But what happens to those embryos if the couple later divorces?

Interestingly, there is usually something called a disposition agreement that the couple signs when the embryos are created and frozen. This agreement outlines what will happen to the embryos in the event of a divorce. However, in New York, the disposition agreement isn’t always final. If another agreement is signed later, it can actually assign ownership of the embryos to one person, potentially altering what we traditionally consider the genetic link that creates a family.

It’s a complex and fascinating issue, and if you’re interested in learning more, I encourage you to subscribe to my podcast, Divorce Dialogues. It’s available wherever you listen to podcasts, as well as on the podcast website, Divorce Dialogues. We cover topics like assisted reproduction, frozen embryos, and many other issues related to divorce that you might find compelling. Thanks for listening.