In re the Marriage of Witten

Tamera (plaintiff) and Trip Witten (defendant) had signed an embryo storage agreement requiring both parties' signed approval before any transfer, release, or disposition of embryos created through unsuccessful in vitro fertilization attempts; upon their divorce, with 17 embryos remaining in storage, Tamera sought "custody" of them while Trip objected to any use without both parties' written consent, and the district court enforced the storage agreement by enjoining either party from acting unilaterally.