Legal Disputes Over Frozen Embryos After Dobbs: A Retrospective Study of Claims, Contracts, and Liability in Cases of Divorce or Separation

This study reviewed legal claims and clinic liability over disputed frozen embryos in cases of divorce or separation. Our data shows that one-third of cases had no prior arrangement regarding disposition about what to do in the event of separation or divorce. When agreements were in place they were rarely clear enough to determine the court’s resolution in these cases. In a post-Dobbs era, absence of adequate guidance could have significant implications regarding liability for all parties.