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Following a separation or a divorce, ex partners may be asking themselves what to do with their frozen embryos and who they belong to. For starters, the question itself is the wrong question. The embryos are not property and do not belong to one person or another. The real question is: who has the right to use the embryos?

The answer is not simple, as it depends on the genetic makeup of the embryo. For example, if the embryo consists of genetic materials from Parent A and Parent B, both parents can use the embryo, but with specifications regarding consent of both parties for its use. The situation would be different if the embryo was a mix of Parent A/B's material, plus a donor's material. This also differs if the materials for the embryo are composed of neither of the Parents' materials.

It is essential to understand that even if a person gives consent to use an embryo for which they have contributed material, that person reserves the right to withdraw said consent at any time before the embryo has been used. This is a matter of public order, and parties cannot contract out of this (e.g. an agreement to this effect in a divorce settlement is unenforceable and without effect).

We strongly urge you to consult legal counsel before deciding to use embryos that have or do not have your genetic material because a violation of said laws may be considered a criminal offense.