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