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IVF embryos need to be considered in a Texas divorce

Wednesday, July 18, 2018

When a marriage ends, there are often many factors to consider. However, those going through a Texas divorce or elsewhere in the country face even more complicated issues when children are involved. Guidelines are already in place in many states that deal with protecting the well-being of a child. Nevertheless, a relatively new concern has surfaced. Many couples facing divorce will have to decide what to do with frozen embryos created through in-vitro fertilization.

There are many issues regarding the stored embryos. While most storage facilities require participants to sign consent agreements, most couples do not give much thought to the future. They are so eager to have a baby, they do not often consider what could happen should one of them die or if they get divorced.

While there are many laws throughout the nation regarding child custody, there is little case law regarding preserved embryos. That leaves couples dealing with the issue of stored embryos in uncharted territory with a lack of information available to them. In Texas, the embryos are considered to be community property and belong to both parents when they are married. However, since sperm donors have no legal rights, an embryo would belong solely to a single woman.

There are major emotional and financial issues regarding frozen embryos, especially when a couple is at odds. Those facing a similar situation in a Texas divorce can seek the advice of an experienced attorney. A strong legal team is a vital component in an individual's efforts to obtain a favorable outcome in his or her case.

Source: huffingtonpost.com, "In the Event of a Divorce, Who Keeps the Embryos Created From IVF?", Vicki Ziegler, Feb. 8, 2017

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