Illinois Frozen Embryo Litigation & IVF Disputes
Experienced Illinois Trial Counsel for Frozen Embryo Disputes,
Reproductive Rights, and Embryo Disposition in Divorce
Who Has the Right to Decide What Happens to Frozen Embryos?
What happens when a couple creates frozen embryos through in vitro fertilization (IVF), but their relationship ends before the embryos are used?
Can one person use the embryos without the other's consent? Can a former spouse demand that embryos be destroyed? Does a fertility clinic's consent agreement control? And what happens when the parties never addressed the embryos in their divorce?
These questions involve some of the most complicated and deeply personal legal disputes arising from modern reproductive technology.
Berlin Melzer Law represents individuals in contested frozen embryo litigation, including disputes over embryo ownership, control, use, preservation, and destruction.
Led by attorney Rebecca Berlin Melzer, our Chicago-area family law firm has direct litigation experience involving frozen embryos, fertility agreements, and contested reproductive rights.
Unlike attorneys whose experience is limited to negotiating divorce settlements involving embryos, our firm has participated in actual litigation over their disposition.
We represent clients throughout Cook, Lake, and DuPage Counties and evaluate representation in other Illinois jurisdictions.
Facing a Dispute Over Frozen Embryos? Contact Berlin Melzer Law for a Confidential Consultation.
What Happens to Frozen Embryos During Divorce?
Frozen embryos are unlike traditional marital assets.
They may have been created during a marriage using the genetic material of both spouses, donor material, or a combination of reproductive technologies. They may be stored at a fertility clinic for years before a dispute arises.
When a couple divorces, the parties may disagree about whether the embryos should be:
Used by one party to attempt pregnancy.
Preserved for possible future use.
Donated to another individual or couple.
Donated for scientific research.
Destroyed or discarded.
Maintained in storage until the dispute is resolved.
These disputes involve contractual rights, reproductive autonomy, informed consent, and the legal significance of prior agreements.
Illinois courts have addressed frozen embryo disposition through contract principles and competing reproductive interests.
The fact that embryos were created during a marriage does not mean they can simply be divided like ordinary marital property.
Our attorneys evaluate the governing agreements, the parties' intentions, applicable case law, and the available legal remedies.
Can My Ex-Spouse Use Our Frozen Embryos Without My Consent?
One of the most difficult questions in embryo litigation is whether a person may use frozen embryos over the objection of a former spouse or partner.
For one party, the embryos may represent an opportunity to have a biological child.
For the other, their use may raise profound concerns about reproductive autonomy and becoming a genetic parent without present consent.
Illinois courts have considered these competing interests, including in Szafranski v. Dunston, a significant Illinois appellate decision addressing agreements and embryo disposition.
Whether a party may use embryos depends on the facts, any enforceable agreements, and the applicable law.
Berlin Melzer Law represents clients involved in disputes concerning consent, embryo use, and the right to avoid unwanted genetic parenthood.
Can I Prevent My Former Spouse From Using Frozen Embryos?
If your former spouse or partner wants to use embryos created during your relationship, you may have legal grounds to challenge the proposed use.
Important questions include:
What did the parties agree to before beginning IVF?
Did they sign an embryo disposition agreement?
Did the fertility clinic obtain written consent?
Does the agreement address divorce or separation?
Were the embryos created during the treatment cycle covered by the agreement?
Did either party subsequently modify or withdraw consent?
What legal rights does each party have under Illinois law?
These questions require careful analysis.
A fertility clinic's paperwork may be important evidence, but signing a consent form does not necessarily eliminate the possibility of future litigation.
Our firm can evaluate the agreements, procedural options, and potential claims or defenses involved in a disputed embryo transfer.
Can Frozen Embryos Be Destroyed After Divorce?
The destruction of frozen embryos is another highly contested issue.
One party may wish to preserve the embryos for future pregnancy, while the other may seek their destruction.
Disagreements can arise over whether the parties previously consented to destruction, whether a court has authority to order disposition, and whether a fertility clinic may act without additional authorization.
Attorney Rebecca Berlin Melzer has represented a party in litigation involving a contested request for embryo destruction and reports obtaining a successful outcome for her client.
Our firm understands that embryo destruction disputes require sensitive representation, close examination of the governing documents, and strategic litigation.
Experience in Actual Illinois Embryo Litigation
Litigation and appellate experience - Representative Cases
Rebecca Berlin Melzer served as litigation counsel for Robert Lyons in a dispute involving frozen embryos and Andrea Miller.
In that litigation, Rebecca successfully opposed a motion seeking declaratory relief on behalf of her client.
The related dispute and fertility consent issues are discussed in the published appellate decision Miller v. Fertility Centers of Illinois, 2025 IL App (1st) 241645.
That decision addressed claims against fertility providers arising from the parties' dispute over embryo control and the adequacy of IVF consent documentation.
The case illustrates how a dispute over frozen embryos can involve overlapping issues of contract interpretation, reproductive autonomy, divorce proceedings, and fertility-clinic documentation.
Litigation and appellate experience - Representative Cases
Rebecca Berlin Melzer also served as litigation counsel for a party opposing Lemna Parvini Sani in a frozen embryo dispute.
In that matter, Rebecca reports successfully obtaining relief resulting in the destruction of the embryos at issue.
The related appellate litigation includes Sani v. Institute for Human Reproduction, 2026 IL App (1st) 252264-U.
These matters demonstrate Rebecca's direct involvement in contested embryo litigation, rather than experience limited to advising clients about reproductive agreements.
Case descriptions are summaries of the attorney's involvement and prior results do not guarantee similar outcomes.
Illinois Frozen Embryo Law: What Do the Courts Consider?
llinois courts recognize that disputes involving frozen embryos present unique legal questions involving reproductive rights, contractual agreements, and the competing interests of individuals who disagree about the use or destruction of embryos.
Two important Illinois appellate decisions, Szafranski v. Dunston and In re Marriage of Katsap, provide guidance on how courts resolve these disputes.
In Szafranski v. Dunston, the Illinois Appellate Court established a framework emphasizing the parties' prior agreements concerning embryo disposition. When no enforceable agreement controls, courts may balance the parties' competing interests in using or avoiding the use of the embryos.
In In re Marriage of Katsap, 2022 IL App (2d) 210706, the Illinois Appellate Court addressed the disposition of frozen embryos in a divorce proceeding. The court awarded the embryos to the wife after considering the parties' competing reproductive interests, including evidence that the embryos represented her only realistic opportunity to have another biological child.
Together, these decisions demonstrate that frozen embryos are not simply treated as ordinary marital property and that the outcome of an embryo dispute depends on the specific facts, agreements, and reproductive interests involved.
Depending on the circumstances, Illinois courts may consider:
Whether an enforceable agreement governs the use, preservation, or destruction of the embryos.
The parties' intentions when the embryos were created.
Fertility clinic consent forms and embryo disposition agreements.
Subsequent agreements, communications, or changes in circumstances.
Whether one party has other reasonable opportunities to have a biological child.
The right of one party to pursue genetic parenthood and the competing right of the other to avoid it.
The parties' medical circumstances, reproductive capabilities, and other relevant evidence.
Because reproductive technology and the law continue to evolve, these cases require sophisticated legal analysis, careful examination of fertility agreements, and experienced litigation counsel.
At Berlin Melzer Law, attorney Rebecca Berlin Melzer has firsthand experience litigating contested frozen embryo disputes in Illinois courts, including cases involving embryo control, reproductive consent, and destruction. Our firm represents individuals seeking to preserve or use frozen embryos, as well as those opposing their use or seeking their lawful destruction.
If you are facing a dispute over frozen embryos during or after divorce, contact Berlin Melzer Law to discuss your legal rights and options.
Frozen Embryo Disputes Involving Unmarried Couples
Marriage is not required for an embryo dispute to arise.
Unmarried partners may undergo IVF together, create embryos, and later end their relationship without ever agreeing on what should happen to the embryos.
These disputes may involve contracts, consent forms, declaratory judgments, and other civil litigation issues outside a traditional divorce proceeding.
Berlin Melzer Law evaluates embryo disputes involving married and unmarried parties.
IVF Consent Forms and Fertility Clinic Agreements
Before IVF treatment, patients are often asked to sign detailed forms addressing embryo storage, consent, disposition, and possible future events.
However, disputes may arise when:
An agreement does not clearly address separation or divorce.
The parties disagree about the meaning of the document.
Multiple IVF cycles were performed.
Consent documents were not updated.
A party objects to a proposed embryo transfer.
A clinic refuses to release or destroy embryos without a court order.
The parties' divorce judgment does not clearly resolve disposition.
These issues can lead to litigation involving the former partners and, in some circumstances, fertility providers.
We help clients analyze the documents and determine the appropriate legal strategy.
Emergency Legal Issues Involving Frozen Embryos
Some embryo disputes involve urgent circumstances.
A party may learn that an embryo transfer is scheduled, that storage fees have not been paid, or that a fertility clinic is requesting immediate instructions.
Depending on the facts, emergency legal relief may be appropriate to preserve the status quo while the parties' rights are determined.
If you believe embryos may be transferred, discarded, or otherwise disposed of without your agreement, obtaining legal advice promptly is important.
Frequently Asked Questions About Frozen Embryo Disputes
Who owns frozen embryos after divorce in Illinois?
There is no universally applicable answer. Courts may consider enforceable agreements, consent documents, and the circumstances of the dispute. Frozen embryos present legal questions different from the division of ordinary marital assets.
Can my ex use our embryos without my permission?
That depends on the agreements, the parties' rights, and the applicable law. Prior consent and the terms of fertility clinic documents can be important.
Can I force my former spouse to destroy our embryos?
A request for destruction may be contested. Whether a court can or will order that relief depends on the governing documents and circumstances.
What if our divorce judgment never mentioned the embryos?
An unresolved embryo dispute may require further legal proceedings. The available options depend on the judgment, prior agreements, and jurisdiction.
Can I sue over an IVF consent agreement?
Potential claims depend on the parties, the agreement, and the alleged legal violation. Not every disagreement or drafting problem creates a viable claim against a fertility provider.
Do I need a divorce lawyer or a reproductive law attorney?
Embryo disputes can involve family law, contract law, civil litigation, and reproductive rights. An attorney with direct experience litigating embryo disposition disputes can help assess the appropriate approach.
What happens if one person wants a baby and the other does not?
Courts may need to evaluate enforceable agreements and competing reproductive interests. The outcome is fact-specific.
Can a fertility clinic release embryos while a legal dispute is pending?
A clinic's obligations depend on applicable law, its agreements, and any court orders. Legal advice should be sought before assuming the clinic can or cannot act.
Frozen Embryo Litigation Throughout Chicago and Illinois
Berlin Melzer Law represents clients in sophisticated family law and reproductive rights disputes throughout the Chicago metropolitan area.
Our practice serves clients in:
Cook County: Chicago, Wilmette, Winnetka, Kenilworth, Glencoe, Evanston, Glenview, Northbrook, and surrounding communities.
Lake County: Highland Park, Deerfield, Lake Forest, Lake Bluff, Libertyville, and surrounding communities.
DuPage County: Hinsdale, Oak Brook, Burr Ridge, Wheaton, Naperville, Elmhurst, Glen Ellyn, and surrounding communities.
We also welcome inquiries from individuals and attorneys outside these counties concerning Illinois embryo litigation.
Why Choose Berlin Melzer Law?
Direct Embryo Litigation Experience
Rebecca Berlin Melzer has served as litigation counsel in contested frozen embryo disputes involving reproductive consent, control, and disposition.
Nearly 20 Years of Family Law Experience
Our firm brings extensive experience in contested divorce, complex family law litigation, and sensitive legal disputes.
Trial and Litigation Strategy
Embryo disputes can require extensive legal research, documentary evidence, motion practice, and courtroom advocacy.
Sensitive and Confidential Representation
We recognize that these disputes may involve fertility treatment, deeply personal decisions, and significant emotional and financial consequences.
Representation of Either Side
Our firm evaluates representation for individuals seeking to preserve or use embryos, as well as those opposing use or seeking lawful destruction.
Speak With an Illinois Frozen Embryo Litigation Attorney
Who decides what happens to your frozen embryos?
When former spouses or partners disagree about embryo disposition, the legal consequences can be substantial.
Rebecca Berlin Melzer brings direct litigation experience to these uncommon and complex disputes.
Whether you are involved in a divorce, a dispute with a former partner, or litigation concerning IVF consent and embryo disposition, Berlin Melzer Law can help you evaluate your rights and options.
Contact Berlin Melzer Law to Schedule a Confidential Consultation.
This page is for general informational purposes and does not constitute legal advice. Past results do not guarantee future outcomes.