HLF

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What happens to the Embryo?

When parties cannot naturally conceive, they may choose a procedure called in vitro fertilization (IVF). Embryos resulting from IVF that are not used immediately may be frozen. But, what happens when a couple has frozen embryos and decides to divorce? What happens to the embryos?

In one case, Husband wanted the embryos to be destroyed; however, the Wife wanted to donate them to another couple. Who wins?

Tennessee courts have ruled that the party that does NOT want to procreate (or, use the eggs), should prevail. However, that assumes that the other party may still have other reasonable alternatives to becoming pregnant. Therefore, in this case, the Husband prevailed because the Wife did not want to use the embryos to become pregnant, but to donate. The Court found that the Husband had a greater interest in the embryos than the Wife, who simply wanted to give them away.

What do you think? Is that a fair result?