Modern love is complicated. And we have the technology to prove it.

When Phoenix-based attorney Ruby Torres was told chemotherapy to treat breast cancer would hurt her ability to become pregnant, she opted for in vitro fertilization and her then-boyfriend John Terrell donated his sperm. Torres and Terrell married, then divorced, without ever attempting implantation. So, who gets to decide what happens to the seven embryos the pair created?

Just in Case

Unsurprisingly, there are now contracts that cover exactly this situation. Torres and Terrell signed an IVF Agreement at the fertility clinic that read:

Terrell wanted the embryos destroyed, while Torres wanted them preserved, so the matter went to family court. There, Terrell testified that he “never intended on having children” if he and Torres were not together, initially declined to donate his sperm, and he only agreed “as a favor” after Torres was going to use another ex’s sperm instead. This, along with the agreement and Torres’s cancer diagnosis was enough to tip the scales in her favor when it came to custody of the embryos, according to the court:

Embryo Custody Cases

While Torres was able to secure custody in this case, trying to determine who gets custody of created embryos can be legally, and emotionally, complex. And courts don’t always side with egg donors. It’s best to have a clear agreement in place before any conflict arises. For help with creating or reviewing such an agreement, or resolving embryo custody conflicts talk to an experienced custody attorney where you live.

Related Resources:

  • Find Child Custody Lawyers Near You (FindLaw’s Lawyer Directory)
  • Who Wins in an Embryo Custody Battle? (FindLaw’s Law and Daily Life)
  • Are We Legally Ready for Artificial Wombs? (FindLaw’s Law and Daily Life)
  • Freezing Your Embryos? First Consider These 3 Legal Issues (FindLaw’s Law and Daily Life)

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