For many couples struggling with infertility, in vitro fertilization (IVF) offers hope. Eggs are fertilized in a lab, and resulting embryos are frozen, preserved for the future family a couple dreams of building. But what happens to those embryos if the marriage doesn’t survive?

A recent article in The Wall Street Journal chronicled several couples navigating this emotionally and legally complex terrain. One of them was Stephanie Nelson, who had been married just four months when her husband contacted their fertility clinic and asked that their embryos be destroyed. He no longer wanted to become a father.

Nelson filed for divorce shortly thereafter and spent years fighting to preserve the embryos, as IVF was her only pathway to having biological children. Ultimately, a Georgia trial judge awarded the embryos to Nelson. Her story underscores a reality that many couples never consider at the hopeful beginning of fertility treatment: embryos can become one of the most contested “assets” in a divorce.

Property or Person?

IVF is expensive. Medications alone can exceed $25,000 per cycle and are often not covered by insurance. But, unlike a retirement account or real estate, embryos are not simply financial investments. They represent something far more complicated as, if implanted and brought to term, are a lifelong legal and financial commitment.

Today, more than one million embryos are in storage facilities across the United States. Couples and individuals often pay monthly fees - sometimes hundreds of dollars or more - to keep them frozen. When relationships dissolve, courts are left grappling with profound questions:

Is an embryo property?
Is an embryo a person?
Are divorcing couples arguing over division of assets or custody?
Does one person’s desire to have a child outweigh the other’s desire not to become a parent?

According to the report, different states apply different legal frameworks. Some courts enforce prior agreements signed at the fertility clinic. Others balance competing interests, weighing factors such as who underwent the medical procedures, who paid for treatment, and whether one party has any other realistic opportunity for biological parenthood.

The Rise of IVF Provisions in Prenups

As assisted reproductive technology becomes more common, prenuptial agreements are evolving. Increasingly, couples are including provisions that address the disposition of embryos in the event of divorce. For example, a contract may state that one spouse waives parental and financial obligations if embryos are used after divorce. But even these agreements are not ironclad. Courts may revisit such arrangements, and once a child is born, issues of custody, visitation, and support can arise despite earlier waivers.

A Legal and Emotional Crossroads

Embryo disputes sit at the intersection of family law, reproductive rights, contract law, and deeply personal values. They are rarely just about legal principles; they are about hope, autonomy, and the meaning of parenthood.

If you’re seeking a Bucks County attorney for divorce proceedings, or have questions about complex issues like frozen embryos, we’re here to help. Williams Family Law is the largest family law firm in Bucks County. Contact us at 215-340-2207 or email info@bucksfamilylawyers.com.