Disposition of Frozen Embryos in Divorce: Exploring the Landmark Case of Jocelyn P. v. Joshua P.

Disposition of Frozen Embryos in Divorce: Exploring the Landmark Case of Jocelyn P. v. Joshua P.

Disposition of Frozen Embryos in Divorce:  Exploring the Landmark Case of Jocelyn P. v. Joshua P.

In 2021 and 2023, the Appellate Court of Maryland and the Supreme Court of Maryland, respectively, issued two reported opinions on the disposition of frozen embryos in divorce. These were landmark cases in Maryland as, prior to these opinions, Maryland did not have any case law or legislative guidance on how this special category of property should be treated in a divorce. As IVF has become increasingly popular and more and more couples are divorcing with frozen embryos in storage, family law practitioners and Courts have struggled with how to address this issue. These two reported opinions provide guidance and raise questions about the future of embryo disposition in divorce in Maryland.

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