Couples who go through in vitro fertilization (IVF) often freeze extra embryos for later. That works well until a marriage ends. Suddenly, a deeply personal plan turns into a legal battle.
In Florida, frozen embryos do not fit neatly into child custody law or standard property rules, which means the dispute can be unlike anything else in divorce court. Let’s explore how state law approaches these cases and what you can do to avoid legal battles.
How Florida Law Handles Frozen Embryo Disputes
According to Florida Statute § 742.17, couples using IVF should have a written agreement that explains what happens to their embryos if they divorce, pass away, or change their plans. Without it, implanting, donating, or even destroying embryos cannot be done unless both people give written consent. In practice, that means either person can stop the other from using the embryos, no matter how strongly one might want to move forward.
The law gives courts something to enforce if a valid agreement exists. If not, Florida’s approach generally favors the right not to be forced into parenthood, even when the other spouse wants to use the embryos.
Lessons From Other States’ Battles
Other states have faced high-profile frozen embryo disputes.
- Davis v. Davis (Tennessee, 1992): The court sided with the spouse who wanted the embryos kept from use, pointing to the right to avoid becoming a parent.
- Kass v. Kass (New York, 1998): Judges enforced the couple’s agreement to donate embryos for research. The lesson? A signed, specific agreement can prevent years of litigation.
Protecting Your Wishes Before and During Divorce
If you’re starting IVF, talk through all the “what ifs” now. Decide what should happen if you split, if one of you dies, or if you change your mind. Put it in writing.
If you are already in divorce and without an agreement, you will need legal guidance right away to understand your options under Florida’s consent rules.
At the Law Office of Wickersham & Bowers, we help clients make these decisions before trouble starts and fight for their rights when it has. If you’re planning IVF or already facing a frozen embryo dispute, call us at (386) 252-3000.
