Blog
Call for a free initial consultation
Law Offices of Benita Ventresca408-395-8822
20 S. Santa Cruz Ave., Suite 212, Los Gatos, CA 95030
Offering Limited Scope Service
Mediation and Litigation
Subscribe to this list via RSS Blog posts tagged in custody of frozen embryos

Posted on in Family Law

California divorce attorney, California mediation lawyerA rising number of couples are turning to in vitro fertilization for child conception. Many use this methodology to conceive after years of difficulty. Recent scientific studies show that IVF significantly increases the likelihood of conception. Meanwhile, other future parents choose this alternative as a way to preserve their ability for when they are more financially stable and able to care for their beloved child. However, a lot can happen between the egg retrieval and the time at which the eggs are utilized. Sometimes, couples need to go their separate ways through divorce litigation or mediation. Do these frozen embryos qualify for custody arrangements or property division?

Why Is This an Issue?

There currently is no legislation in California regarding the usage of embryos after a divorce. The downfall to this is that each court then must decide the outcome based simply on the facts of the case, without taking into consideration the emotional or physical needs of either individual. As an embryo is a fertilized egg, meaning it has DNA donated from each biological parent, and many fertility clinics require a contract from both sides before completion of the procedure. There is often a clause in this contract indicating what to do with the embryos in the event of a divorce. Unfortunately, we are not all born with the capabilities of seeing into the future, and at the point of signing, these two individuals are often so full of every other emotion, divorce is not the forefront option. Within many of these contracts, couples readily agree to destroy the embryos should a divorce occur.

...
Google Map Marker

Law Offices of Benita Ventresca

20 S. Santa Cruz Ave., Suite 212
Los Gatos, CA 95030

Phone Icon

Call us for a free initial consultation

408-395-8822
FBK TWT GGP YTB

Conveniently located in downtown los gatos and
close to highway 280, 85 & 880

FREEVALETPARKING

Back to Top