A.Z. v. B.Z.
Supreme Judicial Court of Massachusetts
725 N.E.2d 1051 (2000)
A.Z. (plaintiff) and B.Z. (defendant) underwent repeated rounds of in vitro fertilization, producing extra preembryos that were frozen after the birth of twins. Each time, the couple signed a clinic consent form addressing how to dispose of extra preembryos if they separated, but A.Z. always signed the form blank, leaving B.Z. to fill in that the preembryos would go to her upon separation. After the couple separated -- partly because B.Z. tried to use the preembryos without telling A.Z. -- B.Z. sought custody of the preembryos in their divorce, and A.Z. sought a permanent injunction against their use. The probate court granted the injunction, and B.Z. appealed.
Whether an ex-husband may prevent his ex-wife from implanting preembryos the couple created during marriage when they signed a consent form indicating the wife would receive them upon separation.