ABA Family Legal Guide

Health-Care Law

Specific Issues in Health Care

Assisted Reproductive Technologies

My first wife and I divorced, and I received control of the embryos in the settlement. My second wife and I want to use the embryos to have children. Can my ex-wife stop us?

Yes. Even when a husband and wife sign a clear agreement giving one partner control of the embryos, courts are reluctant to enforce the agreement because it forces one person to become a legal parent against his or her will. Therefore, as a matter of public policy, a court most likely would allow your ex-wife to step in and prevent you from using the embryos with your second wife because your first wife would be the child's or children's genetic mother.