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In case of divorce or death, what happens with frozen embryos for IVF couples?

Aloia, Roland, Lubell & Morgan, PLLC has some words of wisdom 

WHAT: Advisory release on the critical legal considerations for couples undergoing or considering In Vitro Fertilization (IVF), specifically focusing on the disposition of frozen embryos in cases of divorce, death, or unforeseen circumstances. This guidance aims to address the complexities and legal nuances of IVF treatments and the importance of establishing clear agreements regarding the future of frozen genetic material.

WHY: With IVF increasingly becoming a topic of legal and ethical discussion, it’s vital for couples to be informed about Florida’s specific statutes regarding the disposition of embryos. The firm’s guidance underlines the necessity of preemptive agreements to ensure clarity and protect the rights and intentions of all parties involved.

Key Highlights:

  • Florida’s Unique Stance: Florida statutes mandate a written agreement outlining the disposition of eggs, sperm, and pre-embryos, covering scenarios such as divorce, the death of a spouse, or other unforeseen events.
  • Control of Genetic Material: In the absence of an agreement, control of any remaining eggs and sperm reverts to the partner providing those materials and any remaining preembroys remain jointly with the couple. Upon the death of one partner, the surviving member maintains control over the genetic material.
  • Advisory for Couples: It is imperative for couples embarking on IVF to formalize an agreement before embryo creation. This agreement should, at minimum, address the intended use of embryos, their fate under various circumstances, and criteria for when embryos are considered “abandoned.”

FOR MORE INFORMATION: Couples interested in IVF, healthcare providers, and legal professionals are encouraged to seek detailed advice and support from Aloia, Roland, Lubell & Morgan, PLLC. For more information on navigating the legal challenges of IVF and embryo disposition, contact the firm directly.

About Aloia, Roland, Lubell & Morgan, PLLC:

Aloia, Roland, Lubell & Morgan is a full-service law firm with practice areas in business and real estate law, commercial litigation, personal injury and wrongful death, civil litigation, family law, estate planning and probate. Established in 2004 and led by senior partners Frank Aloia, Jr., Ty Roland, Evan Lubell, and Jack Morgan along with partners Danielle Levy Seitz, Jonathan Martin Scott Hertz, and Stephen Dommerich, the firm has deep roots in Southwest Florida, proudly serving its community. Aloia Roland is headquartered at 2222 Second Street in downtown Fort Myers. Learn more at or call (239) 791-7950.

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