Georgia Appellate Court Issues Whiplash Embryo Ruling

If you undergo IVF and then a divorce, it’s anyone’s guess what will happen to your embryos.

Excerpt: “On Monday, September 18, 2023, the Court of Appeals of Georgia issued a ruling in the case of Smith v. Smith. The fact pattern will sound like the familiar classic circumstances. The divorcing couple married in 2019 and started fertility treatment in early 2020. The husband had two adult children from a prior relationship and underwent a vasectomy reversal for his new wife. The wife, on the other hand, had no prior children and was advised that she needed fertility treatment to fulfill her hopes of conceiving. So the wife went all in. She changed her diet, received numerous injections, and underwent surgeries. In the end, the treatments resulted in a single viable embryo — the subject of the Court of Appeals’ ruling.”

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