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New law focuses on child custody and frozen embryos

| Jul 26, 2018 | Child Custody

The topic of what to do with frozen embryos after a relationship ends is becoming more and more common, in Texas and across the nation. As fertility treatments continue to expand, couples have more options than ever before when it comes to having a child. Those options, however, can lead to serious child custody disputes if the union ends before the embryos are used to have a child. One state recently passed a new law addressing the issue, and has sparked debate across the nation. 

The new law gives preference to the party who wishes to use frozen embryos to bring a child into the world, even if the other party strongly opposed such action. The opposing party would have no parental rights or responsibilities in relation to the child. That, however, brings little comfort to many. Few men or women would be comfortable knowing they have a child that they have no connection to.

Those who support the new law point to cases in which an individual creates frozen embryos prior to having cancer treatment or other procedures that will render them infertile. If their marriage ends, those embryos might be their one and only chance to have a child that shares their genetic make-up. That is certainly a compelling argument to present to a court. 

Some Texas residents are concerned about the larger ramifications of this new law. If cases surrounding the matter make their way through the court system, there could be matters before the U.S. Supreme Court that could include “right to life” arguments. That could have wide-ranging implications, which is why many will watch closely as child custody cases move forward under the new law.