Deciding What Happens to IVF Embryos During Divorce

Divorce can be complicated, and if you’ve been through IVF there is another layer of complexity that comes into play: what happens to your remaining embryos? These are not just any assets or possessions – they represent the possibility of creating a child, or even children. So, when couples part ways, deciding what to do with those embryos can be enormously difficult.  

The Emotional and Legal Rollercoaster

Embryos naturally carry a lot of emotional weight. For some, they’re the hope for a future child. For others, they’re a reminder of a tough journey that may now feel too tied to an ex-partner. Whether a divorcee wants to keep them or is ready to move on, having clarity on the legal rights involved is vital. 

What makes it more complicated is that the law is not always black and white when it comes to embryos. It’s a bit of a grey area in many countries, and how things are handled can depend on where you live, the agreements you made at the fertility clinic and sometimes how a court views the situation. 

Fertility Clinic Agreements Are Not Always the Final Word 

At the start of IVF, a clinic should obtain authority from the couple involved about what to do with any embryos if the relationship breaks down. These signed forms should have made the options clear to the couple and give an idea of what could happen to the embryos.However, individuals sometimes change their minds about the continuing storage of those embryos by giving notice to the clinic. The situation differs depending on what genetic material is stored from whom, and ultimately sometimes the court’s intervention is needed to resolve a dispute. 

Important Steps

1. Understanding Your Rights: It might be assumed the embryos will go to one party based on what was agreed with the clinic, but legal advice can help clarify your rights and options. 

2. Minimising Conflict: Divorce is already stressful and adding the decision about embryos can increase tensions. If at all possible, mediation should be used to avoid unnecessary conflict and reach an agreement both people are content with, making the process smoother, quicker and more cost effective. 

3. Navigating the Court System: In some cases, the decision about embryos ends up in court. Having legal representation ensures that your case is presented clearly, with a solid argument for what you want to happen. Whether it is keeping, donating, or destroying the embryos, the legal complexities are best handled by professionals who have the right experience. 

4. Preparing for the Future: The decisions you make about your embryos will have long-term effects. It is right not just to think about the present, but also preparing for any future consequences – whether that’s emotional, financial, or legal. It is important the decisions made about the embryos are recorded formally at the conclusion of the divorce so that there is clarity for the future about everyone’s intentions. 

Hanne & Co Are Here to Help 

The bottom line: When it comes to IVF embryos and divorce, the emotional stakes are high, and the legal terrain can be tricky to navigate. Getting professional advice will help you understand your rights, minimise conflict, and prepare for the future.  

If you or someone you are close to are facing this difficult decision and need guidance, you do not have to go through it alone. Hanne & Co specialise in family law and understand the unique complexities of dealing with IVF embryos during a divorce. We can provide the legal support and clear advice you need to make the best decision for your future.