Law Offices ofBrandon R. CeglianP.C. Attorneys group photo

After divorce, woman loses fight for frozen embryos

A groundbreaking case has ended in a loss for a woman who fought to save her frozen embryos. The story centers on a man and woman who went through fertility treatment prior to their divorce. After the marriage ended, the woman wanted to use the embryos that were created through that process to have a child. The man wanted the embryos to be destroyed. For many in Colorado who have struggles with their own infertility issues, the case strikes a nerve.

At the time the embryos were created, both parties signed an agreement stating that their genetic material would be destroyed in the event of a divorce. However, the woman is a breast cancer survivor, and the treatment for that disease rendered her infertile. This means that the frozen embryos are the last chance that she has of having a child who shares her DNA.

In considering the case, the judge was tasked with weighing whether the woman had an argument that was sufficiently compelling to outweigh the document that was signed. In the end, the judge asserted that the agreement was a binding contract, and should be honored as such. The embryos are to be thawed and destroyed, although that process is not likely to take place until it is clear whether the woman will appeal the decision.

For those in Colorado who are considering fertility treatments, this case should illustrate the need to tread carefully. Documents signed prior to and during that process can be enforced as legally binding contracts. To that end, it is vitally important to carefully review each and every piece of paperwork prior to signing, and to pay close attention to the provisions laid out in the event of divorce.

Source: CBS News, "Judge: Divorced California couple's embryos can be discarded", Nov. 18, 2015

No Comments

Leave a comment
Comment Information
get Legal Help Now

Tell Us About Your Legal Issue

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Meet Our Attorneys

Attorney Brandon

Brandon Ceglian

Brandon Ceglian's practice focus is family law, landlord-tenant law / real estate, civil litigation, criminal / DUI, and collections. View Attorney Profile

Attorney Adam

J. Adam Beckman

Adam is a deeply talented and dedicated attorney. He truly cares about his clients and the outcome of their cases. View Attorney Profile

Dominic

Domenic Nicotra

Domenic Nicotra’s practices primarily in the areas of Landlord-Tenant, Family Law, Criminal, Protection Orders, and Civil Litigation. View Attorney Profile