Arizona Passes Law To Dictate How Separated Couples' Frozen Embryos Can Be Used
By Nita Farahany,
wbur
| 04. 17. 2018
Arizona has become the first state in the country to pass a law that would allow frozen embryos to be given to the person who wants to develop them "to birth" after a couple separates or divorces.
Here & Now's Lisa Mullins speaks with Nita Farahany (@NitaFarahany), professor of law and philosophy at Duke University, to consider the legal and ethical implications.
"You don't usually hear about people who get divorced deciding to have a child together after they've gotten divorced," she says. "And that's ultimately what this creates the possibility of, is you could have incredibly contentious divorce disputes — people who are unable to really cooperate in any possible way — suddenly thrust into becoming parents together."
Interview Highlights
On the ethical implications of this law
“It's an interesting and significant departure from past practices with respect to what happens to embryos after divorce. It used to be the case — and going back over 20 years now to the first case that dealt with this, Davis v. Davis — it usually respected the wishes...
Related Articles
By Gaia Ghirardi, Arno Van Hootegem & K. Paige Harden , Nature Human Behaviour | 09.21.2026
Embryo screening for behavioural traits is no longer speculative. If you want to become a parent in the USA today, you can pay to use pre-implantation polygenic testing (PGT-P) of in vitro fertilization (IVF)-created embryos. PGT-P promises to optimize offspring...
By Ann E. Marimow and J. David Goodman, The New York Times | 09.22.2026
Justice Elena Kagan on Tuesday refused to intervene in a high-profile custody battle that involved difficult questions surrounding surrogacy and abortion, leaving in place a lower-court order that gave custody to the biological parents in the dispute.
The case drew...
By Gay Pasley, Essence | 09.04.2026
That is what makes the unfolding case of McKenna West so important. It is more than a disagreement about abortion or a dispute over a surrogacy contract. It asks whether an agreement signed before a pregnancy can become authority...
By Ava Kofman, The New Yorker | 09.15.2026
A WOMAN WHO ACTS AS A SURROGATE, carrying a child for someone else, is said to be going on a “journey.”
Kayla Elliott started her surrogacy journey at the age of twenty-six. She gave birth to a baby girl for...