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Divorce involves complicated dispute over frozen embryos

In a case that has made national headlines, a couple is currently locked in a heated divorce dispute over frozen embryos. The couple, who filed for divorce two years ago, is fighting over whether to destroy the eggs or have them implanted in a surrogate. There was a pre-existing agreement between the two parties that indicated what would happen if the couple divorced.

As Ohio readers may have read, the woman wishes to have a surrogate carry a child for her. The husband is moving to have the embryos destroyed. According to the man's legal counsel, the couple agreed that the embryos would be destroyed if the two parties divorced. However, the woman claims that her ex-husband is infringing on her right to reproduce.

At this point, the woman is infertile due to treatments for cancer. Her legal counsel is fighting to protect the embryos, stating that she has the right to procreate, and that this may be her only opportunity to have a biological child. When there are complicated factors that could impact a potential divorce, couples would be wise to reach a legal agreement on how to proceed in case of extenuating circumstances. 

A complex divorce may involve disputes over unusual circumstances or complicated factors, such as custody of frozen embryos. No matter the individual circumstances, it is possible for a couple to successfully navigate these matters with the help of a knowledgeable legal ally. A case evaluation can determine what legal options may be available, or if a married Ohio couple can benefit from the protections of a legal agreement. 

Source: CBS News, "Frozen embryos at center of nasty divorce in San Francisco", July 14, 2015

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