Emily C Prudente

Emily C Prudente

August 19, 2024 | New York Law Journal

Which Parent Gets Custody of the Embryos?

An overview of the disposition of frozen embryos created through the IVF process upon termination of the prospective parents' relationship. The article offers a legal analysis under the framework of New York law and presents a brief summarization of judicial approaches utilized throughout the nation that New York's courts may turn to when faced with the issue in the absence of a contract governing the disposition of frozen embryos. The authors conclude with recommendations to assist practitioners in handling matters in this burgeoning area of law, and one which involves a question of first impression in the state of New York.

By Hon. Sondra M. Miller (dec.), Andrea B. Friedman and Emily C. Prudente

11 minute read