Battle for Baby: Proposed Legislation for Custody Battles over Frozen Pre-Embryos


  • Rachel Krmenec


The use of in vitro fertilization to have a biological child is on the rise due to rising infertility and the desire of same-sex couples to have a biological child. In vitro fertilization allows for a couple who may not otherwise be able to have a biological child have one by combining sperm and eggs in a laboratory and cryogenically freezing the resulting embryo for implantation. As the use of in vitro fertilization is on the rise, so too are the complications that come with the use of in vitro fertilization. For example, courts handle custody battles over the use or disposition of the frozen pre-embryos, often with dire consequences for one or both sides. By having state legislatures propose and adopt legislation concerning in vitro fertilization and custody battles over frozen pre-embryos, the courts will avoid messy custody battles over the embryos. This comment calls for nationwide implementation of state statutes regarding the custody aspect of frozen pre-embryos begotten through in vitro fertilization. After providing a general overview of the in vitro fertilization process and how the courts have handled disputes over frozen pre-embryos, the author sets out the necessary components of a proposed state statute regarding disputes over frozen pre-embryos.

Author Biography

Rachel Krmenec

J.D., Northern Illinois University College of Law.