Frozen Embryos. Mary Sue and John Smith had tried for nine years to get pregnant. She had five tubal pregnancies and a few serious surgeries. The Smiths learned about a clinic that does in vitro fertilization (IVF) of as many as 12 eggs, then implants some and freezes the rest. This sounded like a solution. Mary Sue couldn’t undergo too many more operations. She had 9 eggs removed and all 9 were fertilized. Only two were implanted and 7 were frozen. Now Mary Sue and her husband are asking for a divorce in court. But the question being raised by their attorney is “Who will get custody of the frozen embryos” A. Should Mary Sue or John have custody of the frozen embryos? Why? B. If either Mary Sue or John decides after the divorce that she or he wants to have some of the remaining embryos implanted in a surrogate, should their former spouse be consulted? Why/why not? C. If the former spouse should be consulted, should his or her consent be required? Why or why not?
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