Frozen Embryos and Wills

In today’s age of advanced technology, more couples are choosing to preserve their fertility by freezing embryos. However, have you considered what happens to those frozen embryos if something happens to you?

Why include embryos in a Will?

Frozen embryos are a legal grey area as they are not classified as property but they are also not yet persons making their treatment in estates a lot more complex and unclear. If you die without specifying what you wish to happen to your frozen embryos then this would leave the Courts to make a decision which may be a decision that does not reflect your values.

Some potential scenarios may be:-

1. A surviving partner may want to use your embryos;
2. Family members or ex-partners may dispute ownership;
3. Clinics are left without guidance and may destroy the embryos;
4. If no documentation exists then state law may override personal wishes

Legal Precedent of frozen embryos

There is no law governing what happens to embryos after death so outcomes vary depending on jurisdiction. Clinics consider pre-existing written agreements, such as consent forms, to be binding, while others may be referred to in Wills.

Courts will often consider the following factors:-

1. The intent of both genetic parents;
2. Any documentation in Wills, Trusts or advance directives;
3. Written agreement signed with a fertility clinic

Best Practices for Estate Planning with Frozen Embryos

1. Update your Will or Trust: Specifically state what you wish to happen to your frozen embryos on your death;
2. Review Clinic Consent Forms: These forms often include sections about what you wish to happen should one or both partners die. Make sure these line up with your legal documents;
3. Communicate with Your Partner; Talk about your wishes to avoid confusion;

How can Taylor Bracewell’s Wills, Probate & Trusts team assist?

If you would like to make a Will or discuss your options to protect your frozen embryos, contact our Doncaster Wills, Probate & Trusts solicitors on 01302 341414 or our Sheffield Wills, Probate & Trusts solicitors on 0114 272 1884. Alternatively, you can fill out our online enquiry form.