When a marriage ends and cryopreserved embryos are involved, difficult questions often arise regarding ownership, future use, storage, and reproductive rights. These disputes involve deeply personal, ethical, and legal considerations, and the law continues to evolve in both Pennsylvania and New Jersey.
In Pennsylvania, embryos created during a marriage are generally considered marital property and may be subject to equitable distribution during divorce. However, embryos occupy a unique legal category. They are not treated as children, yet they cannot be divided like traditional marital assets such as furniture or a house.
When spouses have entered into a valid embryo disposition agreement, courts will often look first to the terms of that agreement. If no clear agreement exists, courts may apply a balancing-of-interests analysis to determine how the embryos should be handled, considering the circumstances and interests of both parties.
Because embryo disposition can have lifelong consequences, it is important to address these issues proactively during divorce negotiations and clearly incorporate any agreements into a Marital Settlement Agreement.
New Jersey courts also give weight to embryo disposition agreements, but they place particular emphasis on balancing the interests and constitutional rights of both parties.
When disputes arise, New Jersey courts may consider factors such as:
Every case is highly fact-specific, and courts retain broad discretion when balancing these competing interests.
At Martine, Katz Scanlon & Schimmel, P.A., we understand that embryo disputes involve far more than property rights — they involve family-building decisions, reproductive autonomy, and deeply personal goals. Our attorneys provide strategic guidance and compassionate advocacy throughout the process.
We encourage individuals and couples pursuing IVF or other assisted reproductive technologies to establish clear embryo disposition agreements before treatment begins. Thoughtful planning can help prevent uncertainty and future disputes.
Our team carefully reviews fertility clinic consent forms and embryo disposition agreements to evaluate their enforceability and determine whether they clearly reflect the parties’ intentions regarding divorce, separation, disability, or death.
Whenever possible, we work to resolve embryo disposition issues through negotiation, mediation, and settlement discussions. We help clients develop practical solutions that account for future changes in family goals, health, and financial circumstances.
When an agreement cannot be reached, we are prepared to aggressively advocate for our clients in court. Firm Partner Diana C. Schimmel has successfully litigated complex embryo disposition matters and understands the unique legal and emotional challenges these cases present.
We ensure that embryo disposition terms are clearly incorporated into divorce settlement agreements and court orders. We also address related issues such as storage fees, future decision-making authority, and long-term contingencies.
If you are facing divorce and have cryopreserved embryos, or if you are planning fertility treatment and want to protect your future reproductive interests, our team can help.
Contact Martine, Katz Scanlon & Schimmel, P.A. to schedule a consultation and discuss how we can help protect your rights and your future.
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