Sep 10, 2026 · 47 min
Divorce courts struggle to resolve frozen embryo custody battles
A Couple Breaks Up. Who Gets Custody of Their Embryos?
As reproductive technology outpaces the law, divorcing couples are increasingly left in a legal vacuum to fight over the custody of their frozen embryos.
- 1Erin Millender sued her ex-husband for custody of their remaining embryos as her final opportunity for biological motherhood.
- 2Adam Rubin opposed the transfer, arguing that he should not be forced into parenthood against his consent.
- 3The dispute highlights a broader national issue where courts lack clear legal precedents to resolve embryo custody cases.
Don't miss
Erin Millender describes the emotional weight of undergoing a successful embryo transfer just before an appeals court blocked further legal action.
The brief
When Erin Millender and Adam Rubin divorced, they left behind frozen embryos. Erin fought for custody to have her last chance at biological motherhood, while Adam argued against being forced into parenthood without his ongoing consent.
A New York court initially ruled in Erin's favor, allowing her to undergo a successful embryo transfer. However, an appellate court quickly stepped in to halt further action, highlighting the deep legal uncertainty surrounding these disputes.
Reporter Caroline Kitchener explains that the United States lacks a unified legal framework for embryo custody. Without clear precedent, judges are left to navigate a complex ethical minefield on a case-by-case basis.
As reproductive technology outpaces legislation, couples face impossible choices. The case underscores how private fertility decisions can transform into public, high-stakes courtroom battles with no easy answers.
Featuring
Caroline Kitchener
In vitro fertilisationBooks & mentions
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