Frozen in custody battles: Thawing out a uniform solution for the disposition of frozen embryos at the time of divorce

Abstract

AbstractCurrently, the United States lacks uniform legislation addressing the disposition of frozen embryos in the event of a divorce, leading state courts to grapple with the issue of who should receive custody of the embryos; even when couples have stated advanced directives. Many state courts have strictly enforced these contracts, without considering the individual's significant change of circumstances. In neglecting these changes, courts often prevent an individual from creating a family. This Note proposes that courts consider the individual's significant change of circumstances regarding infertility so infertile individuals will have the ability to start a family.