Frozen Embryos: Who Gets Them in a Divorce?

Frozen Embryos: Who Gets Them in a Divorce?

A recent legal battle between Sofia Vergara and her ex-fiance, Nick Loeb, has pushed into the spotlight the issue regarding what to do with frozen embryos after a couple has separated. After the couple’s break up, Loeb filed suit against Vergara (under “John Doe v. Jane Doe”) in an effort to preserve the two female embryos conceived through in-vitro fertilization (IVF) during the couple’s engagement. The couple, who only enacted legal documents describing the terms of the embryos upon the deaths of each Vergara and Loeb, are lost as to the legal rights of ownership due to the couple’s separation; Loeb is filing suit to keep the embryos viable for later implantation for his own children. Past case law, especially due to the fact that many states do not have laws on the books to address this issue, has held that prior legal agreements between the couple generally can be upheld if controversy arises.

The Legal Status of Pre-Embryos?

Now that IVF has become one of the most used methods for child conception for those who are infertile, it will only be a matter of time before the issue of legal status and custody issues come to the forefront of civil cases. There is a split among states about the legal status of pre-embryos. Some states determine that life starts at fertilization and therefore, pre-embryos can never be destroyed. Other states treat the pre-embryos as property and look at ownership rights. Finally, some states weigh and evaluate the circumstances and rights of the parties before assigning custody of the pre-embryos.

South Carolina: Uncertain Future

South Carolina has not yet decided where to draw the line when it comes to pre-embryos and which legal status to assign the pre-embryos. A current bill, the Personhood Bill, which has been consistently proposed and shot down for 16 years, would assign the legal status of personhood to the pre-embryos, dictating that life starts at fertilization and therefore the pre-embryos have their own personhood rights and cannot be destroyed. This bill would ultimately determine that no matter who receives custody of the frozen embryos, the embryos must always remain, even if never implanted.

Protection of Pre-Embryos and Rights in Legal Documents

Because the issue of custody and personhood in South Carolina has not yet been established by the judiciary, it is important that any couple looking to IVF understand how to protect themselves. Currently, the best form of protection is to outline all circumstances that may arise surrounding the embryos and create legal consequences to those circumstances. It is important that either in a prenuptial agreement, postnuptial agreement, or other legal document executed, both parties imagine and agree to the outcome of the embryos when one spouse dies or both spouses die, upon separation or divorce, or even the destructibility of embryos or the possibility of donation of embryos to others.

The Importance of Legal Protection

Though there is no law that requires a person to become a parent against their will, a legal document could state the extent to which each individual, after a separation, might have a role in the child’s life. For example, if the agreement permits that the child is the biological child of both individuals, if one receives the embryos during the divorce and implants them, it is possible that the other individual will have to pay child support for any resulting child. As can be seen, there is importance in outlining all duties, obligations, and rights at the outset of IVF.

Experienced Family Law Attorneys in Mount Pleasant, Charleston Area

Pre-embryo custody is just one of the many issues that needs to be determined when divorcing your spouse. The experienced family law attorneys at Klok Law Firm LLC can provide support and guide you through the divorce process. Contact Klok Law Firm LLC today for an initial and confidential consultation.

106 Comments
  • Football Solutions Under-17 - Dominic Solanke
    Posted at 00:20h, 09 November

    Swansea City manager Michael Laudrup has slammed the ‘ridiculous’ tradition of staging international friendlies in the week before the Barclays Premier League starts. Laudrup: Getting rid of international football in August makes sense, no-one wants it

  • Trent Demichiel
    Posted at 05:26h, 15 February

    Definitely, what a great website and enlightening posts, I surely will bookmark your website.Have an awsome day!

  • Google
    Posted at 18:20h, 12 March

    Google

    Although web-sites we backlink to below are considerably not associated to ours, we really feel they may be basically worth a go as a result of, so have a look.

  • eebest8 michael
    Posted at 12:56h, 13 March

    “Pretty nice post. I simply stumbled upon your weblog and wanted to mention that I’ve truly loved browsing your weblog posts. In any case I will be subscribing to your feed and I hope you write again soon!”

  • Rabbit vibrator review
    Posted at 18:13h, 14 March

    Rabbit vibrator review

    […]that could be the finish of this post. Here you’ll come across some websites that we think you’ll enjoy, just click the hyperlinks over[…]

  • Clit vibrator
    Posted at 19:36h, 14 March

    Clit vibrator

    […]please visit the sites we adhere to, which includes this one, because it represents our picks through the web[…]

  • G spot vibrator review
    Posted at 21:30h, 14 March

    G spot vibrator review

    […]The facts talked about inside the report are some of the best obtainable […]

  • Magic wand massager
    Posted at 22:16h, 14 March

    Magic wand massager

    […]Here are a few of the websites we advocate for our visitors[…]

  • Best couples vibrator
    Posted at 02:05h, 15 March

    Best couples vibrator

    […]the time to read or pay a visit to the subject material or web pages we’ve linked to beneath the[…]

  • Marketing & Advertising Agency in Dallas Fort Worth
    Posted at 02:16h, 15 March

    Very good article.Really looking forward to read more. Really Great.

  • realistic vibrator review
    Posted at 09:17h, 15 March

    realistic vibrator review

    […]that would be the finish of this post. Here you will come across some sites that we feel you’ll value, just click the links over[…]

  • doc 3418
    Posted at 18:51h, 15 March

    doc 3418

    […]The information and facts talked about within the article are some of the ideal offered […]

  • CH4-Summ
    Posted at 21:16h, 15 March

    CH4-Summ

    […]Here is a good Weblog You may Come across Exciting that we Encourage You[…]

  • apunts 5106
    Posted at 02:37h, 16 March

    apunts 5106

    […]we came across a cool web page that you just could take pleasure in. Take a appear for those who want[…]

  • Exam 2 February 2014
    Posted at 15:28h, 16 March

    Exam 2 February 2014

    […]always a major fan of linking to bloggers that I enjoy but really don’t get a lot of link really like from[…]

  • bondage restraints
    Posted at 23:02h, 16 March

    bondage restraints

    […]Every the moment in a whilst we opt for blogs that we study. Listed beneath are the most current websites that we opt for […]

  • exercise equipment
    Posted at 00:22h, 17 March

    exercise equipment

    […]The information and facts mentioned inside the post are a number of the top obtainable […]

  • 스포츠토토사이트
    Posted at 02:41h, 17 March

    스포츠토토사이트

    […]Here are a few of the web-sites we advise for our visitors[…]

  • Best anal vibrators
    Posted at 03:38h, 17 March

    Best anal vibrators

    […]very couple of internet websites that come about to be in depth below, from our point of view are undoubtedly effectively really worth checking out[…]

  • Lecture notes. lecture 4 - Differentiable manifolds (differential structures and maps
    Posted at 04:40h, 17 March

    Lecture notes. lecture 4 – Differentiable manifolds (differential structures and maps

    […]below you’ll uncover the link to some sites that we think it is best to visit[…]

  • Discounts over half price
    Posted at 16:10h, 17 March

    Discounts over half price

    […]that may be the end of this article. Here you’ll obtain some web-sites that we consider you will enjoy, just click the hyperlinks over[…]

  • kegel balls
    Posted at 19:47h, 17 March

    kegel balls

    […]just beneath, are quite a few absolutely not associated websites to ours, even so, they are certainly really worth going over[…]

  • adam and eve vibrator
    Posted at 20:25h, 17 March

    adam and eve vibrator

    […]always a big fan of linking to bloggers that I enjoy but don’t get a great deal of link appreciate from[…]

  • Google
    Posted at 22:29h, 17 March

    Google

    Every the moment inside a although we pick blogs that we study. Listed below would be the most recent web pages that we choose.

  • Computer geheugen vergelijken
    Posted at 01:16h, 18 March

    Computer geheugen vergelijken

    […]Every after inside a though we select blogs that we study. Listed below would be the most recent web sites that we choose […]

  • Cheap FUT Coins
    Posted at 10:02h, 18 March

    Cheap FUT Coins

    […]Sites of interest we have a link to[…]

  • high quality vibrator
    Posted at 12:00h, 18 March

    high quality vibrator

    […]please visit the sites we follow, including this one, as it represents our picks in the web[…]

  • vibrating wand
    Posted at 13:33h, 18 March

    vibrating wand

    […]although websites we backlink to below are considerably not related to ours, we really feel they may be actually really worth a go by, so have a look[…]

  • http://ttlink.com/montu4891
    Posted at 21:24h, 18 March

    http://ttlink.com/montu4891

    […]below you’ll locate the link to some sites that we feel you ought to visit[…]

  • Detroit SEO
    Posted at 00:53h, 19 March

    Detroit SEO

    […]usually posts some really intriguing stuff like this. If you’re new to this site[…]

  • Detroit SEO
    Posted at 03:13h, 19 March

    Detroit SEO

    […]although web sites we backlink to below are considerably not associated to ours, we feel they may be in fact worth a go as a result of, so have a look[…]

  • blog
    Posted at 10:14h, 19 March

    Say, you got a nice blog post.Much thanks again. Great.

  • online earn money
    Posted at 13:50h, 19 March

    online earn money

    […]here are some hyperlinks to sites that we link to simply because we assume they may be worth visiting[…]

  • Auto Insurance Surrey
    Posted at 09:26h, 20 March

    Thanks for sharing, this is a fantastic blog.Much thanks again. Much obliged.

  • detox tea
    Posted at 10:55h, 20 March

    detox tea

    […]we came across a cool site which you could love. Take a appear in case you want[…]

  • Emergency Electrician in Auckland
    Posted at 14:30h, 20 March

    I loved your blog article.Really thank you! Cool.

  • shmmovers
    Posted at 21:16h, 20 March

    shmmovers

    […]we prefer to honor quite a few other world-wide-web websites on the web, even though they aren’t linked to us, by linking to them. Underneath are some webpages worth checking out[…]

  • Social Media Marketing Company in Karachi
    Posted at 10:21h, 21 March

    Social Media Marketing Company in Karachi

    […]we came across a cool site that you just may possibly appreciate. Take a look should you want[…]

  • best personal massager wand
    Posted at 04:14h, 22 March

    best personal massager wand

    […]Wonderful story, reckoned we could combine a handful of unrelated information, nonetheless really really worth taking a appear, whoa did 1 learn about Mid East has got much more problerms too […]

  • ikea assembly
    Posted at 22:18h, 22 March

    Very good article post.Much thanks again. Will read on…

  • Maryland hair salon
    Posted at 03:44h, 23 March

    I think this is a real great blog post. Great.

  • government jobs central
    Posted at 10:22h, 23 March

    Great, thanks for sharing this article.Really thank you! Really Great.

  • Nike Element 87
    Posted at 18:00h, 23 March

    uwuzaigi,Definitely believe that which you said. Your favourite justification appeared to be on the net the simplest thing to remember of.

  • Criminal Defense Lawyer Richmond, VA
    Posted at 21:49h, 23 March

    Criminal Defense Lawyer Richmond, VA

    […]we came across a cool internet site which you might love. Take a look in the event you want[…]

  • Salomon
    Posted at 15:24h, 24 March

    hfvclxjxhu,Thanks for sharing such an amazing blog. I am so happy found this informative blog.

  • office furniture installers
    Posted at 14:36h, 25 March

    Very neat article.Thanks Again. Fantastic.

  • visit here
    Posted at 15:51h, 25 March

    This is a really good tip especially to those new to the blogosphere. Short but very precise information… Appreciate your sharing this one. A must read article! http://dylon9blogl.weebly.com/blog/the-latest-on-uncomplicated-new-york-car-accident-lawyer-methods

  • Yeezys
    Posted at 03:08h, 26 March

    dejjhlwfdsx,Thanks for sharing this recipe with us!!

  • learn guitar scales
    Posted at 07:48h, 26 March

    learn guitar scales

    […]the time to study or pay a visit to the material or websites we’ve linked to below the[…]

  • Nike Pegasus 35
    Posted at 22:47h, 26 March

    zwfooi,If you are going for best contents like I do, just go to see this web page daily because it offers quality contents, thanks!

  • jumpsuit
    Posted at 09:21h, 27 March

    Hey, thanks for the blog.Really thank you! Will read on…

  • Desert Safari Deals
    Posted at 11:50h, 27 March

    Desert Safari Deals

    […]Here are some of the websites we advise for our visitors[…]

  • Payday Loans
    Posted at 12:27h, 27 March

    Payday Loans

    […]usually posts some quite exciting stuff like this. If you are new to this site[…]

  • thrusting dildo
    Posted at 09:36h, 28 March

    thrusting dildo

    […]Wonderful story, reckoned we could combine some unrelated data, nevertheless genuinely really worth taking a search, whoa did one particular learn about Mid East has got additional problerms also […]

  • landscape company atlanta ga
    Posted at 17:41h, 28 March

    landscape company atlanta ga

    […]always a significant fan of linking to bloggers that I like but really don’t get a whole lot of link appreciate from[…]

  • chwilówki
    Posted at 18:23h, 28 March

    chwilówki

    […]the time to study or pay a visit to the content material or websites we’ve linked to below the[…]

  • Nike Air Vapormax Plus
    Posted at 18:49h, 28 March

    elgpuy,Definitely believe that which you said. Your favourite justification appeared to be on the net the simplest thing to remember of.

  • screen repair
    Posted at 20:51h, 28 March

    screen repair

    […]just beneath, are a lot of entirely not connected web sites to ours, even so, they may be certainly really worth going over[…]

  • Yeezy
    Posted at 23:57h, 28 March

    ajwczr,Quality blog, keep up the good work. You may check our website also!

  • Air Max 2019
    Posted at 04:59h, 29 March

    xquicafk,A fascinating discussion is definitely worth comment. I do think that you ought to publish more on this topic, it may not be a taboo meorjvmpdnq,subject but generally folks don’t talk about such subjects. To the next! All the best!!

  • chwilówki
    Posted at 01:36h, 30 March

    Very neat blog post.Really thank you!

  • Yeezy
    Posted at 04:39h, 30 March

    hpqxqwenfga Yeezy Boost,Very informative useful, infect very precise and to the point. I’m a student a Business Education and surfing things on Google and found your website and found it very informative.

  • Pandora Sale
    Posted at 07:36h, 30 March

    zeyyvvgxwlq,If you are going for best contents like I do, just go to see this web page daily because it offers quality contents, thanks!

  • masturbator sleeve
    Posted at 23:42h, 30 March

    masturbator sleeve

    […]Wonderful story, reckoned we could combine several unrelated data, nevertheless genuinely really worth taking a appear, whoa did one particular understand about Mid East has got a lot more problerms too […]

  • cheap jerseys from china
    Posted at 04:56h, 31 March

    lwegxrqtn,Very informative useful, infect very precise and to the point. I’m a student a Business Education and surfing things on Google and found your website and found it very informative.

  • Nike Air Vapormax Flyknit
    Posted at 17:51h, 31 March

    dxesqtsd,Some really nice stuff on this website, I enjoy it.

  • Essential MAKE MONEY IN RECESSION Smartphone Apps
    Posted at 21:56h, 31 March

    Muchos Gracias for your post.Thanks Again. Much obliged.

  • sportsheets plus size strap on
    Posted at 22:44h, 01 April

    sportsheets plus size strap on

    […]Here is a superb Weblog You may Locate Intriguing that we Encourage You[…]

  • Austgex
    Posted at 01:01h, 02 April

    Acheter Cialis Sur Internet buy generic cialis Caratteristiche Levitra In Farmacia

  • guitar vibrato
    Posted at 10:03h, 02 April

    guitar vibrato

    […]The data talked about in the article are some of the best offered […]

  • Balenciaga UK
    Posted at 16:10h, 02 April

    uvqllxks,Some really nice stuff on this website, I enjoy it.

  • Yeezy 350
    Posted at 01:37h, 03 April

    zebmul Yeezy 2019,This website truly has alll of the information and facts I wanted about this subject and didn?t know who to ask.

  • Nike Outlet Store
    Posted at 10:35h, 03 April

    jwrjqwaewj,Thanks for this useful information, Really amazing. Thanks again. I LOve your BloG

  • Balenciaga UK
    Posted at 11:20h, 03 April

    xpsvihsgicr,Thanks for sharing such an amazing blog. I am so happy found this informative blog.

  • website
    Posted at 21:48h, 03 April

    I appreciate you sharing this blog article.Really thank you! Awesome.

  • kinky curly hair extensions blonde
    Posted at 14:42h, 04 April

    I truly appreciate this blog post.Really thank you! Really Cool.

  • Sympathy Flowers delivered in NY
    Posted at 23:53h, 04 April

    Awesome blog.Much thanks again. Cool.

  • Tours Tasmania
    Posted at 08:17h, 05 April

    Hey, thanks for the article. Cool.

  • mini bullet sex toy
    Posted at 08:49h, 05 April

    mini bullet sex toy

    […]that would be the end of this report. Here you will discover some web-sites that we believe you will value, just click the links over[…]

  • rechargeable g spot vibrator
    Posted at 11:50h, 05 April

    rechargeable g spot vibrator

    […]always a significant fan of linking to bloggers that I really like but do not get a lot of link appreciate from[…]

  • jordan 11 concord 2018
    Posted at 16:39h, 06 April

    Game Killer Apk Download Latest Version for Android (No Ad) … Guess not because Game killer full version app is not available on Play store.

  • evolved wild orchid
    Posted at 01:45h, 07 April

    evolved wild orchid

    […]below you’ll come across the link to some sites that we believe you’ll want to visit[…]

  • Kanye West Yeezys Boost Shoes
    Posted at 20:01h, 07 April

    fqleqx,If you want a hassle free movies downloading then you must need an app like showbox which may provide best ever user friendly interface.

  • Porn City
    Posted at 20:56h, 07 April

    Porn City

    […]usually posts some incredibly intriguing stuff like this. If you are new to this site[…]

  • gay anal toys
    Posted at 21:59h, 07 April

    gay anal toys

    […]the time to read or take a look at the subject material or sites we have linked to beneath the[…]

  • suction cup base dildo
    Posted at 19:08h, 08 April

    suction cup base dildo

    […]The information talked about within the article are a number of the top offered […]

  • Nerf Gun
    Posted at 00:09h, 09 April

    Nerf Gun

    […]The details mentioned inside the report are some of the top readily available […]

  • Balenciaga
    Posted at 19:25h, 09 April

    ujdhyej,If you are going for best contents like I do, just go to see this web page daily because it offers quality contents, thanks!

  • mail order bride
    Posted at 14:39h, 10 April

    mail order bride

    […]just beneath, are several absolutely not associated web-sites to ours, however, they may be surely really worth going over[…]

  • Namibia fly-in safaris
    Posted at 15:01h, 10 April

    Namibia fly-in safaris

    […]that will be the end of this write-up. Right here you will uncover some websites that we think you will value, just click the hyperlinks over[…]

  • best at home jobs
    Posted at 08:45h, 11 April

    best at home jobs

    […]Wonderful story, reckoned we could combine a couple of unrelated information, nonetheless genuinely worth taking a look, whoa did one study about Mid East has got a lot more problerms also […]

  • React Element 87
    Posted at 14:37h, 11 April

    cqojbywf,Very helpful and best artical information Thanks For sharing.

  • affordable seo packages
    Posted at 06:32h, 12 April

    I like it whenever people come together and share opinions. Great blog, stick with it!

  • Real and fake documents online
    Posted at 16:34h, 12 April

    Great, thanks for sharing this article post. Great.

  • Yeezys
    Posted at 02:43h, 14 April

    yydwoyrrwk Yeezy Boost 350,Quality blog, keep up the good work. You may check our website also!

  • Pandora.com
    Posted at 19:33h, 15 April

    vqykrku,Definitely believe that which you said. Your favourite justification appeared to be on the net the simplest thing to remember of.

  • bet365 bonus
    Posted at 15:28h, 17 April

    Major thanks for the blog.Thanks Again.

  • Sex Toys
    Posted at 08:59h, 18 April

    Sex Toys

    […]very couple of web sites that come about to be comprehensive below, from our point of view are undoubtedly properly really worth checking out[…]

  • Mom
    Posted at 00:20h, 19 April

    Mom

    […]below you’ll find the link to some web pages that we feel you should visit[…]

  • penis vacuum pump
    Posted at 07:26h, 19 April

    penis vacuum pump

    […]check below, are some absolutely unrelated web-sites to ours, having said that, they may be most trustworthy sources that we use[…]

  • ass masturbator
    Posted at 10:46h, 19 April

    Thanks again for the article.Really looking forward to read more. Fantastic.

  • best anal plugs
    Posted at 10:57h, 19 April

    best anal plugs

    […]that would be the end of this post. Right here you will discover some sites that we think you will enjoy, just click the links over[…]

  • kingcock dildo
    Posted at 14:41h, 19 April

    Major thanks for the article post.Really looking forward to read more. Really Great.

  • adam and eve rechargeable kegel balls
    Posted at 19:35h, 19 April

    adam and eve rechargeable kegel balls

    […]although web sites we backlink to beneath are considerably not connected to ours, we really feel they are basically really worth a go by, so possess a look[…]

  • strapless strap on
    Posted at 20:54h, 19 April

    strapless strap on

    […]Wonderful story, reckoned we could combine a number of unrelated data, nonetheless really really worth taking a appear, whoa did one discover about Mid East has got a lot more problerms too […]

  • best anal vibrator
    Posted at 22:41h, 19 April

    Enjoyed every bit of your blog article.Really looking forward to read more. Keep writing.

Post A Comment