As Republicans push to treat embryos as people, many ex-couples are finding themselves pulled into legal gray areas and court battles.
respectively, judges sided with women seeking possession of embryos over their exes’ attempts to block them. The embryos had been created prior to both women undergoing cancer treatments threatening their fertility, and each judge determined the embryos were the women’s only chance to have biological children. In 2000, a court in Massachusetts
that “as a matter of public policy,” a man who didn’t want his ex-wife to develop their shared embryos should not be “[compelled] to become a parent against his or her will.”Ultimately, Sussman emphasizes that despite lack of consistent rulings in court, and lack of federal and state policies regarding custody of embryos, “most places have not gone so far as to treat them as children or as people.
While no legal dispute has emerged from Kendrick’s situation over her unused embryos, other famous ex-gone to court over their own shared embryos. Most notably, Sofia Vergara’s ex, Nick Loeb, has sued the actress multiple times over frozen embryos the couple created together, seeking to make Vergara a biological parent of his kids against her will.
and make judgment calls based on gleaning from other areas of law,” Sussman says. And now, they’re doing so without the precedent of
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