With new advances in reproductive technology, courts are facing new dilemmas. Recently, case law addressed the issue of cryopreservation—the freezing of embryos for future use. At issue is “custody” or ownership of the frozen embryos. The legal questions involve cases of once happily married couples that, for various reasons, elected to freeze embryos. These couples, now divorced, are asking the court to determine legally who has rights to the frozen embryos. In some cases, one member of the divorced couple wants to implant a frozen embryo (for the woman implantation would occur in herself, for the man implantation in another partner or surrogate mother), while the other partner wants the embryos destroyed or donated to someone else. Discuss the advantages and disadvantages of cryopreservation as a reproductive technique. What legal and ethical questions arise when a couple is no longer married or together and does not agree on ownership of the frozen embryos or how to use them?
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