As a matter of first impression, wife under a balancing approach would be awarded the pre-embryos when the parties did not have an agreement regarding the disposition of the pre-embryos and wife had undergone chemotherapy for breast cancer, and evidence was sufficient to establish that wife did not have an ability to procreate biologically, though medical experts did not testify.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com