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What precautions have you taken to avoid custody battles over your frozen embryos?

What precautions have you taken to avoid custody battles over your frozen embryos?

In Utah, the Utah Code contains these provisions regarding frozen embryos:

  • 78B-15-707. Parental status of deceased spouse.

If a spouse dies before placement of eggs, sperm, or an embryo, the deceased spouse is not a parent of the resulting child unless the deceased spouse consented in a record that if assisted reproduction were to occur after death, the deceased spouse would be a parent of the child.

  • 78B-15-706. Effect of dissolution of marriage.

(1) If a marriage is dissolved before placement of eggs, sperm, or an embryo, the former spouse is not a parent of the resulting child unless the former spouse consented in a record that if assisted reproduction were to occur after a divorce, the former spouse would be a parent of the child.

(2) The consent of the former spouse to assisted reproduction may be revoked by that individual in a record at any time before placement of eggs, sperm, or embryos.

To read about frozen embryo disposition contracts, you may wish to start here:

PRE-EMBRYO CUSTODY BATTLES: HOW PREDISPOSITION CONTRACTS COULD BE THE WINNING SOLUTION, 38 Cardozo L. Rev. 1879

Note by Ashley Alenick Volume 38, Cardozo Law Review, page 1879 (June, 2017)

Utah Family Law, LC | divorceutah.com | 801-466-9277

https://www.quora.com/What-precautions-have-you-taken-to-avoid-custody-battles-over-your-frozen-embryos/answer/Eric-Johnson-311

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