On behalf of Cooper & Tanis, P.C. posted in divorce on Thursday, February 9, 2017.

When a Colorado couple starts the IVF process in order to naturally conceive a child, they may not be thinking about what could happen if they end up getting a divorce. If a couple creates frozen embryos and then decides to end their marriage before implantation, they will need to make certain decisions that could have an effect on their future.

When a couple begins IVF, the storage facility that will store the embryos for implantation will have the parents sign a consent agreement. While this agreement often includes what should happen to the embryos if the couple dies or splits up, it may not actually be enforceable in court. As such, it is important that both individuals have a serious talk about what should happen in this event, even if the couple believes that their marriage is strong.

Couples should also be aware that the laws do not offer much protection when it comes to resolving disputes involving frozen embryos. In general, courts do not allow one person to force the other into becoming a parent. However, there are extenuating circumstances that may make a court rule differently, especially if this is one person’s last chance for bearing biological children.

While going through a divorce can be difficult on its own, it can be even more difficult if the former couple cannot agree on what to do with any embryos that may have been created through IVF. If one person wants to use the embryos to start a family, an attorney may work with the other party to create an agreement, especially if the other person does not want to become a parent. The attorney may also provide evidence to show the judge that the person will not have another opportunity to naturally have a child.