In Part 1, we talked about the best way to protect your choices about your frozen embryos before the in-vitro fertilization (IVF) process takes place, but what can you do if you’re already past that point? As IVF becomes a more common technology, more and more couples who froze embryos during IVF are getting divorced. Many of those couples didn’t make plans or sign agreements about the possibility of divorce. Others have changed their minds since their agreements were originally made or just didn’t pay attention to one more form in the flurry of paperwork they signed at the clinic.
Is There Case Law in North Carolina?
Unfortunately, North Carolina doesn’t have any statutes or published case law on what happens in those situations. We have to look to other states to get an idea of what will happen in cases like this. Approaches in other states fall into three categories: the pure contract approach, the balancing test, and contemporaneous consent. It is unclear where North Carolina will eventually fall on this spectrum, but for now these will likely be decided case by case depending on the judge who hears the case. Continue reading →