Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for FreeJ. Leahy disagrees with the lower court’s decision to award a husband a frozen pre-embryo in order for him to have it destroyed against his wife’s wishes after they decided to divorce. The couple, while married, made an oral agreement that “no matter what,” they would give all of three pre-embryos a chance at life as part of an IVF process. The first ended in a miscarriage, while the second resulted in the birth of a healthy baby. Not long after, the couple split up, leaving the third pre-embryo as yet unused. The husband preferred to have it destroyed because, he argued, the agreement should have a stipulation that they only use it if they are married. However, this stipulation was never part of the oral agreement, so the wife will be able to use the pre-embryo to attempt pregnancy again. Reversed and remanded.