Family Law Group offers legal consultations either in person, by telephone or video zoom conference
Family Law Group, Inc.
Call Our Attorneys Today
925-344-3524 | 310-868-6906
  • Home
  • Firm
    • Katharine F. Hooker
    • Taylor M. Budnick
    • Jesse S. Gill
    • Alistair D. Shaw
    • Sonya Wickliffe
    • Theresita Perez
    • Amy Prosser
    • Staff
  • Areas
    • Divorce
    • High-Asset Divorce
    • Child Custody
    • Child Support
    • Same-Sex Issues
    • Premarital And Postnuptial Agreements
    • Other Family Law Matters
    • Juvenile Dependency/CPS
  • Lifecycle Of A Case
  • Careers
  • Blog
  • Contact
Family Law Group, Inc.
  • Home
  • Firm
    • Katharine F. Hooker
    • Taylor M. Budnick
    • Jesse S. Gill
    • Alistair D. Shaw
    • Sonya Wickliffe
    • Theresita Perez
    • Amy Prosser
    • Staff
  • Areas
    • Divorce
    • High-Asset Divorce
    • Child Custody
    • Child Support
    • Same-Sex Issues
    • Premarital And Postnuptial Agreements
    • Other Family Law Matters
    • Juvenile Dependency/CPS
  • Lifecycle Of A Case
  • Careers
  • Blog
  • Contact
925-344-3524
310-868-6906
The team at Family Law Group, Inc.
  1. Home
  2.  | 
  3. Divorce
  4.  | 
  5. What happens to frozen embryos after a divorce?

What happens to frozen embryos after a divorce?

On Behalf of Family Law Group, Inc. | Apr 16, 2021 | Divorce

Having a baby can be a very important and exciting time for couples in the Bay Area. Growing a family may be something that both spouses want to do, but it is not always as easy as it may seem. Some may be able to conceive babies and carry them to full term, but others may struggle to conceive or may have miscarriages after they do conceive. This can happen for a variety of reasons and previously it may have meant that the couple would not be able to have children.

There have been many medical advances though and now processes such as in vitro fertilization (IVF) are relatively common. Many couples who may not otherwise be able to have children may be able to. During this process the egg from the female is fertilized outside of the woman and embryos are then inserted into the woman’s uterus. During this process though it is quite common to create multiple embryos at the same time. Not all embryos may be used though and some may be frozen to potential use at a later date.

Importance of Consent Agreements

Prior to the IVF process starting couples in California must sign a consent agreement, which in part states the advanced directives that couples want for the embryos. One of these advanced directives states what the couple wants to do with any frozen embryos if the couple divorces prior to using the frozen embryos. During divorce California courts have upheld the directives to destroy them stated in the consent agreement even when one spouse wants to keep them. This means that couples need to have well drafted consent agreements and understand what they are agreeing to.

There are many couples in California who may have to utilize IVF in order to have children and grow their families. When doing this couples may not be thinking about divorce at all, but no one knows what will happen in the future. It is important that couples understand what they state in their consent agreement because they could be bound by that decision even if they change their minds later. Experienced attorneys understand this unique area of law and may be a useful resource.

 

Recent Posts

  • Divorce and startup equity: Why your cap table may matter
  • Managing complex family transitions with harmonious co-parenting
  • Can I legally stop my ex from moving abroad with our child?
  • Can a spouse legally change locks during a California divorce?
  • 4 key facts about dividing a business in a California divorce

Categories

Archives

RSS Feed

Subscribe To This Blog's Feed

Arrange A Personal Consultation And Get The Answers You Need

We welcome the opportunity to meet with you personally to discuss your situation and answer any questions you may have. Please call our family law attorneys at 925-344-3524 or 310-868-6906, or contact us by email to arrange a consultation.

Our Offices Are Conveniently Located In Livermore And Redondo Beach, California

Interior view of Family Law Group, Inc.'s office
Conference room at Family Law Group, Inc.
Interior view of Family Law Group, Inc.'s office

Livermore Office

101 East Vineyard Ave.
Suite 201
Livermore, CA 94550

  Livermore Office Location

Livermore Phone

925-344-3524

Fax

925-447-0272

Redondo Office

1845 S. Elena Avenue
Suite 200
Redondo Beach, CA 90277
  Redondo Office Location

Redondo Phone

310-868-6906

Fax

925-447-0272

Social Media

  • Follow
  • Follow
  • Follow
Review Our Firm

© 2026 Family Law Group, Inc. • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw

© 2026 Family Law Group, Inc. • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw