Legal Disputes Over Frozen Embryos After Dobbs: A Retrospective Study of Claims, Contracts, and Library in Cases of Divorce or Separation

Authors

Gerard Letterie, Board-certified Reproductive Endocrinologist at Seattle Reproductive Medicine Seattle, Washington, and fellow in the American College of Obstetricians and Gynecologists and the American College of Physicians.
Dov Fox, Herzog Research Professor of Law and Director of the Center for Health Law Policy & Bioethics at the University of San Diego School of Law.

Abstract

This study reviewed legal claims and clinic liability over disputed frozen embryos in cases of divorce or separation. Our data shows that one-third of cases had no prior arrangement regarding disposition about what to do in the event of separation or divorce. When agreements were in place they were rarely clear enough to determine the court’s resolution in these cases. In a post-Dobbs era, absence of adequate guidance could have significant implications regarding liability for all parties.

Recommended Citation

Gerard Letterie and Dov Fox, Legal Disputes Over Frozen Embryos After Dobbs: A Retrospective Study of Claims, Contracts, and Library in Cases of Divorce or Separation, 45 Pace L. Rev. 73 ()
DOI: https://doi.org/10.58948/2331-3528.2098
Available at: https://digitalcommons.pace.edu/plr/vol45/iss1/5