Embryo Wars: Beware of reliance on fertility clinic forms

The more that a clinic consent form can accurately capture the patients’ true intent, the more likely that decision can be used to resolve a future dispute.

Excerpt - “It’s 2021. And couples turning to in vitro fertilization (IVF) to conceive is exceedingly common. In fact, 1.8% of all children born in the U.S. in 2018 were the result of IVF. So it’s no surprise, statistically, that there will be couples divorcing and fighting over frozen embryos. Courts will be making some pretty tough decisions. Of course, it doesn’t make things easier, or more predictable, that the United States lacks consensus even as to the basic questions of “what is an embryo?” and “when there is a dispute, how should we decide who gets the embryos?” Nonetheless, the Court of Special Appeal of Maryland is among the latest to take up the challenge. And that court gives an important warning as to the place fertility clinic forms should play in these disputes.”

Ellen Trachman is the Managing Attorney of Trachman Law Center, LLC, and a regular contributor to the ‘Above the Law’ platform.