Cardozo Law Review
Abstract
The note examines the legal disputes arising from the disposition of frozen preembryos during divorce, highlighting the lack of consensus among U.S. courts in resolving such cases. It evaluates three legal approaches—constitutional analysis, contemporaneous agreement, and predisposition contracts—and argues that enforcing predisposition contracts, akin to prenuptial agreements, offers the most structured solution. However, the note emphasizes the need for procedural and substantive fairness in these contracts to ensure they are voluntary, fully disclosed, and do not unjustly prevent genetic parenthood.
Disciplines
Comparative and Foreign Law | Contracts | Law | Medical Jurisprudence
Recommended Citation
Ashley Alenick,
Pre-Embryo Custody Battles: How Predisposition Contracts Could Be the Winning Solution,
38
Cardozo L. Rev.
1879
(2017).
Available at:
https://larc.cardozo.yu.edu/clr/vol38/iss5/7