Section 30.22 No Forced Procreation

• Library: Family Law Deskbook and 2014 Supp

D. (§30.22) No Forced Procreation

In each of the seven cases discussed in §§30.19–30.21 above, one of the parties, after a divorce, wanted to use the frozen preembryos to cause the birth of a child. Although the courts used three entirely different theories, none of these courts allowed the party who wanted to cause the birth of a child (from the preembryos) to do so against the wishes of the other party. It is unlikely that a Missouri court would reach a different result. There is one case, however, in which a court of appeals, not the high court of a state, has upheld a decision giving frozen embryos to the spouse who wants to have a child against the wishes of the other spouse. See Reber v. Reiss, 42 A.3d 1131 (Pa. Super. Ct. 2012), in...