Section 30.20 Disposition Determined by In Vitro Fertilization Contract

• Library: Family Law Deskbook and 2014 Supp

B. (§30.20) Disposition Determined by In Vitro Fertilization Contract

High courts in three states have determined the disposition of frozen preembryos based on the contracts signed by the participants at the beginning of the IVF process. In Kass v. Kass, 696 N.E.2d 174 (N.Y. 1998), the New York court enforced an IVF agreement that provided, in unambiguous terms, that if the parties were unable to agree to the disposition of the preembryos, they would be donated for research to be determined by the IVF...