Family Law Attorney in White Plains, New York

What are the typical options for resolving disputes over embryos?

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the embryo disposition has been around
in New York state for quite some time
because there’s a court of appeals case
that says the contract between the
parties will control what is very
ambiguous and unknown at this point in
New York state is what if there is no
contract in place and there’s been
recent legislation that’s come out about
how contracts will be enforced but there
really is a black hole in the law right
now around how an embryo will be
disposed of or treated and divorce if
there is no contract between the parties
so it’s really an important area of the
law to get legal counsel on if you’re
going to have embryos with your partner
or your spouse

Westchester, NY family law attorney Andrea B. Friedman talks about the typical options for resolving disputes over embryos. She notes that embryo disposition has been a recognized legal issue in New York for some time, guided by a Court of Appeals decision establishing that the contract between the parties generally controls disposition. What remains unclear, however, is how embryos are to be treated in the absence of a contract. Although recent legislation has addressed enforcement of such agreements, significant gaps remain in the law regarding disposition during divorce when no contract exists. She emphasizes that this is a critical area in which individuals should seek legal counsel before creating embryos with a partner or spouse.

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