Embryos in Divorce Actions

Many Texas couples face challenges when trying to conceive a child and, ultimately, rely on advanced reproductive technology, such as IVF, for assistance. While IVF can allow people with fertility issues the chance to realize their dream of becoming parents, issues can arise if a couple who has unused embryos decides to divorce. If you or your spouse want to end your marriage and you have questions about what that could mean with regard to any embryos you share, it is critical to speak to an attorney. The dedicated Dallas divorce attorneys of McClure Law Group are accomplished at navigating complicated dissolution proceedings, and if you retain our services, we will fight tirelessly on your behalf.

Disagreements over the disposition of frozen embryos in divorce actions can be legally and emotionally challenging.  In Texas, no law expressly defines how the courts should resolve the issue of what to do with frozen embryos in divorce actions.  As such, the fate of embryos in divorce is generally determined through either a pre-existing agreement between the spouses or through judicial intervention when such an agreement is absent or unclear.

In many instances, spouses have a prior written agreement defining their rights with regard to frozen embryos. In most instances, a couple will enter into such agreements prior to beginning IVF. IVF agreements often outline how any embryos remaining after the IVF process should be handled in the event the parties divorce or if one or both spouse dies. For example, they will often indicate whether the embryos should be destroyed, donated for use by other parties or for medical research, or used for reproductive purposes by one of the spouses. Such agreements are essentially contracts and are treated as such by the courts, meaning they are typically upheld, provided they are properly executed, set forth clear and unambiguous terms, and do not violate public policy.

Issues often arise, though, when there is no pre-existing agreement or when the existing agreement lacks clarity regarding the disposition of embryos. In such cases, Texas courts will typically weigh the best interests of the parties involved, with particular attention to the intentions of the spouses at the time the embryos were created.

The courts may also consider factors such as the physical and emotional health of the spouses, their ability to procreate through alternative means, and the potential hardships that may result from a particular decision regarding the embryos. It is important to note that the Texas courts have expressly rejected the argument that embryos are considered unborn children when ruling on a dispute over whether to enforce an agreement over embryos. As such, it is unlikely that a party can avoid the enforcement of such an agreement based solely on that argument.

It is crucial to emphasize that the Texas courts may be reluctant to compel either spouse to become a parent against their will, even if the other spouse desires to use the embryos for reproductive purposes. Thus, disputes over embryo disposition can become protracted legal battles marked by the inherent complexity of the issue.

IVF changes many people’s lives for the better, but it can be challenging for couples with embryos to come to an agreement as to how they should be handled if they divorce. If you need assistance protecting your interests in a divorce proceeding, it is wise to talk to an attorney as soon as possible. The trusted Dallas lawyers of McClure Law Group are well-versed in what it takes to obtain favorable outcomes in divorce actions, and if you hire us, we will zealously pursue the best legal result available. Our main office is located in Dallas, and we are available to meet clients for appointments at our Collin-County office in Plano. We regularly represent people in divorce actions in Dallas, Fort Worth, Rockwall, Frisco, McKinney, Irving, Richardson, and Garland. We also represent parties in family-law matters in cities in Dallas, Collin, Denton, Rockwall, Tarrant, and Grayson Counties. You can reach us by calling 214.692.8200 or by using our form online to set up a confidential meeting.