Frozen Embryos

Abstract

The philosophical and normative questions raised in this chapter are raised in disputes between divorcing couples over the disposition of previously frozen embryos stored in a cryopreservation facility for future use. We examine several court cases in which judges have made explicit and implicit references to rights and interests: for example, a person's right to procreate, a right not to procreate and the interests of future persons. We will discuss whether these concerns might lead to legislation placing justifiable limits on relevant pre-divorce contracts created before decisions are made about in-vitro fertilization and storage.