Intended Parents with cryopreserved embryos may elect to draft an embryo disposition agreement addressing what will happen to their embryos in the event of their death or divorce.
For married couples, embryo disposition agreements can address which party will retain custody and control of the cryopreserved embryos upon the event of their divorce.
Embryo disposition agreements can also address what will happen to their embryos in the event of their death, including directing the embryos be donated to another couples, donated to medical or scientific research, or be discarded.
The New York Child Parent Security Act provides clarity surrounding embryo disposition agreements and their effect.
If you have frozen gametes or frozen embryos and you are planning to get married, consider drafting a prenuptial agreement providing for your frozen embryos/gametes.