Embryo Disposition Agreements Can Decide What Happens to Your Frozen Embryos After a New York Divorce
An embryo disposition agreement is a legal document that outlines the intended use and ownership of frozen embryos under various circumstances, including divorce. These agreements provide clear instructions on what should happen to the embryos and ensure that both parties' wishes are respected. Brooklyn family law attorney Ted Alatsas understands that it is hard to think about divorce when you are freezing embryos to potentially grow your family in the future. However, our team wants you to be prepared for every potential scenario that could affect your family later.
What to Include in a New York Embryo Disposition Agreement
Embryo disposition agreements outline the intentions and responsibilities of both parties regarding the use and ownership of any embryos created during the IVF process. Here are some key aspects that should be included in such an agreement:
- Ownership. Clearly define who retains ownership of the embryos if you get divorced. Establishing clear ownership can prevent future conflicts and provide clarity in emotionally charged situations.
- Usage. Detail how the embryos can be used if you get divorced. This might include options such as implantation into one of the partners, donating the embryos to another couple or individual, or destroying the embryos. Specifying the permissible uses ensures that both parties' wishes are respected and followed.
- Dispute resolution. Include methods for resolving any disputes that arise regarding the embryos. This could involve mediation, arbitration, or other conflict resolution strategies. By having a clear plan for dispute resolution, you can address disagreements in a structured and less adversarial manner.
By incorporating these elements, a New York embryo disposition agreement can provide a solid foundation for managing any issues related to frozen embryos.
What Makes a New York Embryo Disposition Agreement Binding
According to New York Law, an embryo disposition agreement is legally binding if:
- It is in writing
- Each parent had the advice of their own independent attorney before the agreement was signed
- Legal rights and dispositional control of the embryos only transfer upon divorce, if the parties are married at the time the agreement is executed
A court may enforce an embryo disposition agreement even if it doesn't fully comply with specific legal requirements, but the person who gave up their legal rights can't be declared a parent without their consent. The person who retains legal rights will be considered the only parent of any resulting child.
If a person who has agreed to be a parent changes their mind, they can withdraw their consent in writing before the embryo is transferred. If they withdraw in time, they are not considered a parent and have no legal responsibilities, like child support, even if the embryo transfer still happens.
How to Create an Embryo Disposition Agreement
An embryo disposition agreement is only effective at guiding you through what to do with a frozen embryo after divorce if the agreement is legally binding and reflects your wishes. Your lawyer will guide you through the legal requirements specific to New York law and help draft a comprehensive agreement. The steps to creating an embryo disposition agreement include the following:
- Consultation with a lawyer. The first step is to schedule a consultation with a lawyer who has expertise in family law and reproductive technology. During this meeting, the lawyer will explain your rights and options regarding the disposition of your embryos.
- Drafting the agreement. Your lawyer will begin drafting the embryo disposition agreement after the initial consultation. This document will include all necessary provisions to address your specific needs and preferences. It will cover the legal aspects of embryo ownership, storage, transfer, and disposition. The agreement should also outline any financial responsibilities related to the storage and maintenance of the embryos.
- Reviewing and negotiating the terms. Upon completion of the initial draft, you and your spouse will review the document. This step is essential to ensure that you both understand and agree to the terms outlined in the agreement. It may involve negotiating certain aspects to reach a mutual consensus that respects both of your wishes. Open communication and transparency during this stage are essential to avoid misunderstandings or conflicts in the future.
- Signing the agreement. The final step is to sign the embryo disposition agreement. Both parties must sign the document. Once signed, the agreement becomes a legally binding contract that outlines the disposition of your embryos under the agreed-upon terms.
By following these steps and working closely with an experienced family law attorney, you can create a well-structured embryo disposition agreement that provides clarity and peace of mind for your future reproductive decisions.
