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As in the other frozen embryo cases heard in American courts, A.Z. vs. B.Z. involves a divorced couple in disagreement over what to do with the cryopreserved, never-used embryos created earlier in their marriage. As in other cases, both husband and wife were required by the clinic to sign "consent forms" specifying the disposition of any unused embryos, and specifically in a variety of situations such as death or separation. Such embryos may be destroyed, donated to other couples or to research, or remain in the "custody" of one of the parties.
In A.Z. vs. B.Z., evidence was presented that forms indicated the couple's desired outcome for unused embryos in the case of marital separation as the return of the embryos to the wife for implantation. It was also revealed that the wife filled in the blank areas describing such course of action after her husband signed blank forms. In essence, the husband may or may not have known of the wife's intentions to use the embryos in the event of separation.
While the courts specified other aspects of this case as also compelling toward their final decisions (specifically that the agreement at issue was unenforceable because of "change in circumstances" during the four years between the last signed consent and the bringing of case to court), this point alone illustrates the need for clarity of procedures when it comes to obtaining knowledgeable consent from IVF consumers. In this case, there was no way of knowing the clear intent of either party based on the signed documents.
In the end, the court offered these notable statements:
"...even had the husband and the wife entered into an unambiguous agreement between themselves regarding the disposition of the frozen preembryos, we would not enforce an agreement that would compel one donor to become a parent against his or her will."
"...forced procreation is not an area amenable to judicial enforcement."
"...prior agreements to enter into familial relationships (marriage or parenthood) should not be enforced against individuals who subsequently reconsider their decisions."
© Tracy Morris
