Dividing property in a divorce is hard enough. But what happens when the “property” includes frozen embryos created during IVF?
Embryo custody battles are an emerging area of family law in Arizona—and courts are increasingly being asked to decide who controls unused embryos when couples separate.
Is This Common?
Yes. With more couples using IVF and embryo freezing, disputes over what to do with embryos during a divorce or breakup are becoming more frequent.
What the Law Says
Arizona passed legislation that gives preference to the parent who intends to bring the embryos to term, unless the parties have a prior written agreement stating otherwise.
This means:
- The court may award custody of embryos to one party if they intend to use them
- The genetic link is not the deciding factor
- Courts must also consider donor agreements, financial responsibilities, and the other party’s objections
Legal Documents You Should Have
To avoid conflict later, you should draft clear agreements that specify:
- What happens to embryos in case of divorce, death, or medical complications
- Whether either party can change their mind
- Whether embryos can be donated or destroyed
Modern Law helps couples and individuals draft and review embryo disposition agreements to ensure your intent is respected—no matter what the future brings.
