In February, Arizona legislators in both houses passed SB 1393 that formalized the rights of parents to secure custody of in vitro embryos as part of divorce proceedings. The embryos would be developed to birth despite any protests by ex-spouses who do not want to have children.
The bill is now law as Gov. Doug Ducey signed it on April 4.
Prior to the state’s chief executive putting pen to paper, many divorcing couples relied on reproductive fertility law specialists to traverse the difficult ethical terrain of using or not using harvested and frozen eggs post-divorce.
Now, family embryos will be subject to a judge making determinations like those involving divorce-related property disputes. However, the future enforceability of previous contracts drafted and agreed upon between spouses and domestic partners is becoming cause for concern.
Embryonic personhood is now law in Arizona, creating certainty for some couples and uncertainty for others.
