Maureen Kass v. Steven Kass
New York Court of Appeals
91 N.Y.2d 554 (1998)
After multiple failed pregnancy attempts through a hospital's IVF program, Maureen and Steven Kass signed consent forms before their final procedure specifying how any resulting frozen 'pre-zygotes' should be disposed of; after a final unsuccessful attempt, they divorced, and their uncontested divorce agreement specified neither would claim the five frozen pre-zygotes, which would instead go to the hospital for research. Maureen later changed her mind and sought custody to attempt another implantation, while Steven objected to becoming a genetic father and sought specific performance of their signed agreement to donate the pre-zygotes for research; the trial court awarded Maureen custody to implant within a reasonable time, but the appellate division reversed, holding the couple's consent documents controlled, and Maureen appealed.
Whether, in New York, agreements entered into between a man and woman regarding the disposition of pre-zygotes are presumed valid and binding and will be enforced in any subsequent dispute.