Embryo Disposition Following Divorce Before IVF Transfer
The embryo must be frozen until the disagreement is resolved through mutual agreement between both parties or legal proceedings, as both genetic contributors retain dispositional authority that cannot be unilaterally overridden. 1
Legal and Ethical Framework
The correct answer is d. Freeze it until the disagreement is resolved, based on established guidelines for embryo disposition following divorce.
Why Freezing is the Only Appropriate Action
Both genetic contributors retain dispositional authority over the embryo regardless of marital status, and neither party can make unilateral decisions about disposition without the other's explicit consent. 1
Cryopreservation maintains the status quo without violating either party's reproductive rights, making it the only ethically and legally defensible action until mutual agreement or court order is reached. 1
The American Academy of Pediatrics establishes that dispositional authority cannot be unilaterally overridden, and thus the embryo should remain frozen until the disagreement is resolved through legal proceedings or mutual agreement between both parties. 1
Why Other Options Are Inappropriate
Option A (Transfer to New Wife) - Unacceptable
Transferring to a third party without the ex-wife's explicit consent violates her reproductive autonomy as a genetic contributor to the embryo. 1
The ex-wife retains dispositional authority as a genetic contributor, and the husband alone cannot authorize transfer to another woman. 1
Option B (Disposal) - Unacceptable
The husband alone cannot make the decision to dispose of the embryo without the ex-wife's consent, as both parties must provide current consent for any disposition decision, including destruction. 1
Most IVF clinics require documented consent from both individuals who contributed genetic material before proceeding with disposal. 1
Option C (Ex-Wife Keeps with Husband's Consent) - Potentially Acceptable But Not the Immediate Action
While this could be an eventual resolution, it requires the husband's explicit written consent, which may not be forthcoming in a divorce situation. 1
This option can only proceed after both parties reach mutual agreement, not as an immediate action. 1
Critical Pitfalls to Avoid
Never proceed with any disposition without documented consent from both parties, including transfer, donation, research use, or destruction, to respect both genetic contributors' rights and avoid legal conflicts. 1
Do not assume spousal consent is automatically transferred or waived upon divorce, as dispositional authority remains with both genetic contributors regardless of marital status. 1
Ensure original IVF consent forms are reviewed, as they may contain specific provisions for divorce or disagreement that should guide the resolution. 1
Resolution Pathway
Direct the couple to legal counsel to resolve dispositional authority through court proceedings. 1
Refer to mediation services to reach mutual agreement on embryo disposition. 1
The embryos must remain cryopreserved until a court order or written mutual consent from both parties determines their final disposition. 1
Importance of Pre-Treatment Agreements
The American Academy of Pediatrics recommends that agreements between parties creating embryos should set forth terms of disposition at the outset of the process, including what to do in cases of disagreement, separation/divorce, or death, to avoid conflicts and ensure both genetic contributors' rights are respected. 1
This case highlights why comprehensive informed consent at the beginning of IVF treatment should address potential future scenarios including divorce and disagreement. 1