Most fertility patients see the stack of IVF Clinic consent and disposition forms as just another hurdle standing between them and their long-awaited baby. These forms are often completed quickly with hurried checkmarks and little reflection on questions such as “who will control the embryos in the event of divorce?” Instead, fertility patients are far more focused on the more pressing question of: “When will we be pregnant?” Because the goal of IVF is to create viable embryos in order to have a child or children, alternative outcomes are rarely considered.
This frame of mind is understandable. By the time fertility patients are sitting in an IVF clinic, ready to meet the doctor who will help them conceive, the idea of introducing any further delays feels unbearable. The paperwork becomes a pro forma step – something to get through in order to begin fertility treatment. If you require assistance with IVF clinic forms, our New York, NY IVF lawyer is here to help.
But what happens if the people who created the embryos later disagree about their use for conception or other disposition? Even for couples who take their time completing these IVF Clinic forms, the potential consequences are difficult to imagine with any reliable foresight. What happens when a dispute arises over the use or disposition of the embryos? And what if one or both parties later change their minds about decisions they once made under difference circumstances at the start of their fertility treatment?
That’s exactly what happened in a recent New York Supreme Court case: E.L. v. A.S. 2025 Slip Op. 25261. Anonymous names used in this article to preserve anonymity.
Here’s what happened and why the designations made on IVF clinic forms controlled the entire outcome:
First Comes Love, Then Comes Marriage, Then Comes IVF
Eli and Ashley were married in 2016 full of hope that they would start a family together. Unfortunately, the early years of their marriage were marked by heartbreak. Ashley endured three miscarriages prompting the couple to seek fertility treatment with a reproductive endocrinologist at CCRM.
What followed was an exhausting journey, all too common among fertility patients. Over the course of three years, Ashley underwent five egg retrievals and a surgery to diagnose and remove endometriosis. As is true for many fertility patients, the physical and emotional toll was immense. Of the 25 eggs retrieved, only a handful fertilized, and ultimately just two embryos were found to be genetically normal.
Those two embryos would later become the center of a legal battle.
When IVF And Divorce Collide
As their fertility journey continued Ashley and Eli’s marriage began to unravel. In 2023, Eli filed for divorce, and the most significant issue before the court was not property or finances – it was what should happen to the embryos they had created together.
By the time of the parties’ divorce Ashley was entering perimenopause, and no longer had the option to create additional embryos. She also still very much wanted to have a child. The two existing embryos represented her only remaining chance to have a genetic child. She asked the Court to enforce the IVF Clinic forms (titled “Disposition of Embryos: Declaration of Intent”) which she and Eli completed at the start of their fertility treatments. In those forms, the parties agreed that Ashley would have permission to use the embryos to have a child if the parties ever separated.
Eli objected. He no longer wanted Ashley to use the embryos to have a child and instead asked that they be destroyed. He argued that the court should not enforce the IVF clinic forms, asserting his right not to procreate should outweigh Ashley’s right to procreate. He stated he no longer agreed with the designations he made years earlier when the IVF Clinic forms were completed and signed.
The Court’s Decision
The Judge rejected Eli’s arguments and enforced the IVF clinic forms exactly as written. The judge ruled that the parties’ original agreement controlled, and cited that the parties specifically acknowledged and agreed that should they separate or divorce, Ashley had permission to use the embryos to have a child. Ashley was awarded full dispositional control of the embryos to have a child if she wished.
Pay Attention To Your IVF Clinic Forms
The takeaway is clear: IVF Clinic forms matter – often far more than patients realize at the time they complete them. These documents can determine your future reproductive options and the future disposition of your genetic material.
When completing your IVF Clinic forms take the time to carefully consider each question. Speak to a lawyer if you have questions. Explore entering into an embryo disposition agreement (link to blog post about embryo disposition agreements here). What do you want to happen to your embryos in the event of your separation or divorce from your partner? What do you want to happen to your embryos upon your death? Will you desire for your embryos to be donated for purposes of scientific research? Would you consider donating your embryos to another individual or couple for procreation? If so, would you want to choose the recipients of your embryos or would you prefer your IVF Clinic or third party agency select the hopeful parents? Under what circumstances would you desire for your embryos to be discarded?
Your checkmarks and initials on these pages are not just paperwork – they can shape your future long after the IVF process has ended. For more information, contact Oleaga Law LLC today.
