What You Need to Know About Embryo and Gamete Disposition Agreements in California
Embryo and gamete disposition agreements are vital to protecting both party’s rights during the exciting process. Here’s everything you need to know about Embryo and Gamete Disposition Agreements in California.
An embryo and gamete disposition agreement is the best way to ensure the clinic follows spousal wishes regarding a specimen’s future. Both parties should consider document terms carefully because a clinic requires each spouse’s consent to use an embryo following a divorce.
Related: Divorce FAQs in California
Freezing Embryos and Gametes in California
Modern science and technology have revolutionized the way parents start families. In vitro fertilization (IVF) procedures allow spouses to conceive biologically related children, a reality many couples found unimaginable.
Freezing embryos has become a vital option for spouses who deal with the following circumstances:
- Medical treatments and procedures which cause infertility,
- A spouse undergoes IVF treatment and produces more embryos than the couple needs,
- The couple wishes to safeguard the ability to conceive biological children in the future, or
- Any other reason relating to a couple’s decision to freeze embryos or gametes.
A clinic’s ability to thaw the specimen and fertilize a mother’s uterus has made the process a popular, life-changing decision.
Contestation of Embryo/Gamete Freeze and Disposition in California
The preservation of embryos and gametes for future use is a beautiful development with incredible benefits. However, an unexpected change in circumstances such as divorce or death can severely complicate legal rights to a specimen. The separating spouses may possess different opinions over what should happen to the frozen embryos. One party could desire to destroy the embryos, while the other party might insist on making the specimen available for adoption. Technological infancy complicates California’s ability to modernize its statutes in step with ever-evolving processes. The absence of federal regulations on the matter further obscures any solution.
California first reckoned with the issue in a 2015 court case. 46-year-old Mimi C. Lee decided to fertilize her eggs and freeze the embryos after finding out she had cancer. She and her ex-husband Stephen Findley signed a disposition agreement instructing the clinic to destroy the embryos if the couple divorced. Mimi reconsidered her stance on the contract after eventually getting a divorce. Infertile from the cancer treatments, she claimed the embryos represented her last chance for motherhood and pleaded with the court to preserve the embryos. The judge upheld the prevailing disposition agreement and ordered the clinic to destroy the embryos.
California Embryo & Gamete Disposition Agreements
The California court ruling clarified the state’s adherence to contract law regarding embryo and gamete disposition agreements in the future. California will most likely enforce the terms of an embryo and gamete disposition agreement, despite other states’ decisions to prioritize embryo preservation.
California has developed several laws concerning the disposition of embryos under different sets of circumstances. The physician, surgeon, or health care provider must supply each party with the information necessary for an informed and voluntary decision. The physician will also present the relevant parties with a form containing directives for the disposition of embryos.
A clinic may take one of the following actions with the embryos if either partner dies:
- Make the embryos available to the living spouse,
- Donate the embryos for research purposes,
- Thaw the embryos and take no further action,
- Donate the embryos to another couple or individual, or
- Follow the clearly-stated disposition agreement terms.
A clinic may take one of the following actions with the embryos if both partners or a patient without a partner die:
- Donate the embryos for research purposes,
- Thaw the embryos and take no further action,
- Donate the embryos to another couple or individual, or
- Follow the clearly-stated disposition agreement terms.
A clinic may take one of the following actions with the embryos if the two parties separate or obtain a divorce:
- Make the embryos available to the female spouse,
- Make the embryos available to the male spouse,
- Donate the embryos for research purposes,
- Thaw the embryos and take no further action,
- Donate the embryos to another couple or individual, or
- Follow the clearly-stated disposition agreement terms.
A clinic may take the following action with the embryos if a spouse or patient without a partner abandons the embryos through request or inability to pay storage fees:
- Donate the embryos for research purposes,
- Thaw the embryos and take no further action,
- Donate the embryos to another couple or individual, or
- Follow the clearly-stated disposition agreement terms.
A California clinic’s legally available options are essential to why embryo and gamete disposition agreement terms are critical.
Related: Community Property Laws in California
FAQs About Embryo & Gamete Disposition Agreements in California
What can I do to sign an enforceable embryo and gamete disposition agreement in California?
Both parties should carefully and thoroughly review the clinic’s forms to make sure each individual understands the implications of any decision. As California’s 2015 court case demonstrates, the state will uphold contractual obligations regardless of the circumstances. The spouses should take great precautions when drafting an embryo and gamete disposition contract, so the present decision is best suited for future developments.
Do I need a lawyer to draft an embryo and gamete disposition agreement in California?
California does not require the presence of any legal representation or expert when forming an embryo and gamete disposition agreement. However, legal expertise is the safest way to ensure California will legally enforce the contract if needed in the future.
Contact Us
If you or a loved one would like to learn more about embryo & gamete disposition agreements in California, get your free consultation with one of our most qualified attorneys in California today!