Some couples in California choose to freeze embryos so that they can still have biological children of their own even after one spouse becomes infertile. When the couple divorces before the frozen embryos are used, there are a lot of questions about what the parties can do with them. Courts have long struggled with these issues, and it is still unclear whether frozen embryos should be subject to property division or child custody laws in a divorce.
One court case involving a divorced couple in San Francisco with frozen embryos has yet to be resolved. The couple created five embryos after they were married because the woman was about to undergo breast cancer treatment. The couple has now divorced, and the woman wants to use the embryos even though her ex-husband objects.