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What should couples be thinking about when they want to put an embryo clause in their prenup? >> I say look at the New York statute. We have a really good statute that addresses what an embryo disposition agree agreement requires. You need two each person needs their own legal counsel. It needs to be in writing and it’s a great place to put it in your prenup because that’s when you’re addressing who gets what, especially people fighting over embryos in the context of their [music] divorce. And
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typically when you’re talking about a heterosexual married couple, it is the woman’s last chance to have biological children tied up in those embryos that she may or may not get. So talk about it early. And [music] I know it’s uncomfortable, but all of infertility is. So there’s no better time than when you’re first getting married.
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