Potential Problems With IVF And Frozen-Embryo Technology

In vitro fertilization (IVF) technology, which involves a manual combination of an egg and sperm in a laboratory setup, has allowed many couples to choose when to have babies. However, IVF and the related technology of freezing embryos are fraught with challenges that you need to address before starting the process. Here are three of the major challenges to address. 

How to Handle the Extra Embryos

The IVF process inevitably results in many unused-but-viable frozen embryos. You need to discuss with your spouse what to do with the unused embryos. For example, you can set them up for adoption, store them for future use, or have them destroyed. Imagine what kind of argument you could get into if you don't have a clear agreement on the unused embryos. For example, you can get into a life-changing argument if one person insists on the destruction of the embryos while another sees them as human beings who shouldn't be handled as such.

What Happens If You Break Up

You also need to decide who gets to keep the embryos if you divorce before they are all used up. This can also create a disagreement, for example, if one person wants to raise all the potential children that could come from the embryos and the other wants to give them up for adoption.

If you don't have an agreement in place, it may be up to the divorce court to settle the issue. This has actually happened in the past: a wife wanted to have more children with the frozen embryos after a divorce, but the husband succeeded in getting a legal objection to her plans.

What Happens If You Die

Since death is inevitable and unpredictable, you also need to have a plan in place detailing what should happen to the embryos in case you die. This means you should include your wishes for the frozen embryos in your estate planning. Specify what should happen to the embryos if one of you die and also if both of you die.

This isn't an easy thing to do because there are other issues that come into place apart from who gets the embryos for what happens to them. For example, if one parent dies, and the remaining one uses an embryo to get a child, does the child inherit from the dead parent? What if the dead parent's estate has already been distributed to other people by the time the new child is born? Consult an attorney such as Margit M. Hicks, PA Attorney at Law to ensure that any plans you make are in line with the current laws to prevent legal complications later on.


Share