Arizona is the first state to pass a law governing disputes over frozen embryos in divorce proceedings. Last week, Governor Doug Ducey signed SB 1393 into law. The law requires that, in a dispute over the use of frozen embryos, courts must award the embryos to the spouse “who intends to allow the … embryos to develop to birth,” or, where both spouses have that intent, the embryos must be placed with the spouse who provides the “best chance for the … embryos to develop to birth.”
“It’s an incredible intrusion into the bedroom and the private life of families,” said Faculty Director Gary Marchant, speaking to BuzzFeed News. “I’ve never seen anything like this.”
The law was inspired by a decision out of Maricopa County last year. In that case, Ruby Torres and her then-fiance, John Terrell, decided to freeze seven embryos for in vitro fertilization (IVF) before Torres underwent cancer treatment. By the time her cancer was in remission, Terrell had filed for divorce.
Torres intended to undergo IVF, but Terrell no longer wanted to have a biological child and was concerned about financial obligations that could be imposed by the state. The court sided with Terrell and ordered the embryos be donated to a third party. Torres has appealed that decision.
Other states have laws that former spouses are not legally considered parents of children born through IVF, unless they have consented to be. But no state before Arizona has directed the allocation of frozen embryos through legislation.
While there has been no previous legislation in the area, Marchant notes that it’s generally understood that embryos are not traditional property. “It’s not just a car or a dining table or a piece of furniture. It’s something that requires more respect than that and needs to be dealt with with sensitivity, regardless of your view on whether this is a person.”
That said, Arizona’s new law is certainly something new, and Marchant foresees similar bills being introduced in other states soon. “I’d bet on it.”