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Who gains custody of frozen embryos in a divorce?

Presenting our readers with real-world scenarios is one way that we explain the complexities of family law and provide residents here in Georgia with useful information for the future. Take for example the very real-world scenario of a couple deciding to try in vitro fertilization. For many couples across the nation, this is the only option they have for conception. And while most couples choose to focus on the positives that can come out of such a technological advancement, it's advancements such as this that can also cause legal problems as well.

Consider for a moment a married couple who has chosen to freeze eggs or embryos that will be implanted into a surrogate mother sometime in the future. Unfortunately though, the couple has begun to go through some marital problems and separates before any procedure can be performed. The question then remains: who gains custody of the frozen embryos?

Legal and ethical questions like this have cropped up in family courts across the nation, but unfortunately state laws have been slow to catch up with the changes in fertility measures such as this. This has left a lot of courts split on the issue, sometimes awarding the eggs to the mother while in other cases awarding the father custody. And because state laws can vary and every situation is different, trying to handle a case such as this on your own -- with little legal knowledge -- can be a risky move.

While most couples don’t plan for a divorce or the complexities that can sometimes follow, it’s important to remember that there are attorneys out there that may be able to help guide you through the legal process and hopefully get you to that happy ending you wanted after all.

Source:, "Who Gets Custody of Embryos?"

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Gentry Law Firm LLC
506 Roswell Street NE
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Marietta, GA 30060

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