How Courts Deal With Frozen Embryos in a New Jersey Divorce Case

In New Jersey divorce cases, courts are from time to time left to address how to deal with frozen embryos that were brought into being during the course of a marriage. In a New Jersey divorce, courts utilize what is known as the equitable division of property standard to deal with marital assets and debts. In addition, the best interests of a child standard is utilized to ascertain issues surrounding custody and parenting time.

The reality is that frozen embryos are in something of a proverbial gray area in a divorce proceeding in New Jersey. As a consequence, judges are forced to navigate how to address issues related to frozen embryos in a marriage dissolution proceeding. We take a moment to discuss a number of matters associated with addressing the matter of frozen embryos in a divorce case in the Garden State.

New Jersey divorce courts do not make arbitrary decisions when it comes to the fate of frozen embryos. Instead, they may take into account the intentions of the couple at the time the embryos were created. This includes understanding why the couple decided to freeze embryos in the first place and under what circumstances. This in-depth consideration provides a more nuanced and personalized approach to these sensitive and often emotionally charged cases.

The existence of a written agreement between the couple can significantly impact the court's decision. If the couple had a written agreement about what to do with the embryos in case of a divorce, this agreement could play a major role in the court's decision. Much like a prenuptial agreement, this agreement could be legally binding, setting clear guidelines for what happens to the embryos.

In scenarios where there isn't a prior agreement, the court is tasked with the challenging job of balancing the interests of both parties. This may involve a meticulous evaluation of each person's views on parenthood, their emotional attachment to the embryos, and their specific reasons for wanting to keep or discard them. The goal is to ensure that the decision reached is as fair and equitable as possible, taking into account the unique circumstances of each case.

The courts in these cases usually lean towards protecting a person's right not to procreate over the other's desire to use the embryos. Essentially, if one person does not want to become a parent, their wish is likely to be respected. This reflects the principle of individual autonomy in reproductive decisions, safeguarding an individual's right to choose whether or not to have children.

A fundamental principle in these cases is that the embryos cannot be used without the consent of both parties. This means that one person cannot unilaterally decide to use the embryos without the other's agreement. This rule ensures that both parties have a say in the matter, reinforcing the importance of mutual consent in these decisions.

The court upholds the principle that a party cannot be forced to become a genetic parent against their will. This is a cornerstone of the court's approach to these cases, emphasizing the importance of consent in reproductive decisions. It underscores the recognition of an individual's right to control their genetic material and their reproductive future.

The court also takes into account the potential parent’s age and other fertility factors. For instance, if one party is unlikely to conceive naturally due to advanced age, certain medical conditions, or other fertility issues, this could sway the court's decision in their favor. This shows an understanding of the biological realities and challenges that can affect a person's ability to become a parent.

The court usually steers clear of making decisions that would require it to determine when life begins. This is because such decisions can be ethically and morally complex and can fall outside the scope of a court's mandate. It underscores the court's commitment to focusing on the legal and pragmatic aspects of these cases, rather than wading into philosophical or religious debates.

Finally, it's important to note that any disputes over embryos are generally resolved outside of court. This means that it is often up to the individuals involved to find a mutually acceptable solution to their disagreement, perhaps with the help of mediation or counseling services. This practice encourages parties to reach a consensus without resorting to litigation, fostering a less adversarial and more collaborative resolution process. If you have questions concerning a no-fault divorce in New Jersey, call (201) 845-7400 for a free consultation.