The case law in NJ deals simply with a contest between two genetic parents, one of whom wanted to use the embryo to gestate and one who objected as they did not wish to be a parent to another child. The law has developed, generally, in this area, on these facts to favor the objecting party, as the courts have found it unconstitutional to compel parenthood. The courts have weighted the equities when the person seeking parenthood by use of a frozen embryo may have suffered some permanent infertility and the use of the embryo may be the only chance that individual has at parenting a child who is genetically theirs.
However, in Arizona - a cautionary tale, they enacted a law that in the absence of "unambiguous" written agreement between the parties, the court is required to favor the party wishing to gestate the embryo.
There are many scenarios where there is NO settled law, please don't resume that, especially if there are no written agreements other than compulsory clinic documents or there are interstate issues, etc.
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Debra E. Guston, Esq., C.A.E.
Guston & Guston, L.L.P.
55 Harristown Road, Suite 106
Glen Rock NJ 07452
(201) 447-6660
Fax (201) 447-3831
www.gustonlaw.com Immediate Past President-Academy of Adoption & Assisted Reproduction Attorneys
Angel in Adoption Recipient 2017
Andrew Rochester, the attorney who litigated the frozen embryo case that I think directly speaks to these issues, can be reached at: "Andy Rochester Esq" <[email protected]>
Of course, I keep telling the guy that he oughta just join this list, but until he does, he's responsive to emails.
Deb Guston may be just as good on the law - don't know.
Either way, I've never had cause to review the cases on it in detail, but I'm fairly sure this is all settled law.
<x-sigsep></x-sigsep> David Perry Davis, Esq.
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www.FamilyLawNJ.pro
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57 Hamilton Avenue -- Suite 301
Hopewell, NJ 08525
Voice: 609-466-1222
Fax: 609-466-1223