With the recent development out of Alabama affirming that frozen embryos have the same legal status as living children, questions arise about the consequences of advanced reproductive technologies.
Part of the problem is that the fast-paced advances in reproductive options for parenthood have thus far outpaced any legislation or public policy that addresses the hard questions from the standpoint of ethics, law or morality. Below are some important takeaways regarding the present situation here in Connecticut.
There are no legal directives
While no legislative answer exists yet, the state supreme court indicates they favor the right of one spouse not to be forced into unwanted parenthood. Their rulings in the past on the matter allowed the destruction of frozen embryos. But the court specified that no determination had been made about enforcing contracts making people unwilling parents.
An uncertain future
Until the questions are answered sufficiently, those with frozen embryos who are contemplating divorce will need to decide the fate of their embryos via destruction or donation.
Should one spouse want to implant and gestate the embryo and the other objects, the fight over the outcome of the embryos can be long and uncertain. Right now, there is no sure answer about what, if any, financial or custodial obligations the unwilling parent might have to any future offspring,
If you are a couple approaching in vitro fertilization (IVF) as a reproductive option, you should learn more about your rights and responsibilities under the law. You can also draft a pre- or post-nuptial contract detailing the fate of any embryos in the event of a divorce.
