When a couple divorces in Nashville, frozen embryos are usually handled according to any written agreement the spouses signed with their fertility clinic. If no valid agreement exists, a Tennessee court weighs each spouse’s interests and often favors the spouse who does not want to become a parent.
Nashville is Tennessee’s capital and is widely known as Music City. It is home to the Grand Ole Opry, Vanderbilt University, and a large healthcare industry. The city sits along the Cumberland River in Middle Tennessee.
That strong medical community means many local couples turn to fertility treatment, and some later face hard questions about stored embryos during divorce. Nashville family law attorneys often start by reviewing what the couple signed before freezing the embryos.
This article explains how Tennessee courts handle frozen embryos during divorce, how prior agreements and IVF consent forms affect the outcome, and what happens when spouses disagree.
Why Frozen Embryos Are Not Ordinary Property
Most marital assets in a Nashville divorce are divided under Tenn. Code Ann. § 36-4-121, which calls for an equitable division of marital property. Frozen embryos do not fit neatly into that system.
In Davis v. Davis (1992), the Tennessee Supreme Court held that embryos are neither persons nor property. Instead, they fall into a middle category that deserves special respect because of their potential for life.
How Tennessee Courts Resolve Embryo Disputes
The Davis decision set out an order of priorities that Tennessee courts, including those in Davidson County, still follow. Judges move to the next step only if the earlier one does not settle the issue.
- Honor the current wishes of both spouses if they agree.
- Enforce a prior agreement about embryo disposition, if one exists.
- Balance each spouse’s interests when no agreement exists.
What Your IVF Consent Forms Say
Fertility clinics typically ask patients to sign consent forms before embryos are frozen. These forms often include a section on what happens if the couple divorces.
Common Disposition Choices
Clinic forms usually let couples choose to:
- Discard the embryos
- Donate them to scientific research
- Donate them to another couple
- Allow one spouse to use them
Under the Davis framework, a clear written choice is generally presumed valid and enforced. Vague or unsigned forms leave more room for conflict.
When the Spouse Seeking the Embryos May Win
In most cases, the spouse who wants to avoid becoming a parent prevails. The Tennessee Supreme Court reasoned that forced parenthood carries serious lifelong consequences.
There is an exception. If the spouse seeking the embryos has no reasonable way to become a parent through other means, such as adoption or a new IVF cycle, a court may rule in that spouse’s favor.
A spouse who only wants to donate the embryos to another couple has a weaker claim. Courts give less weight to that goal than to a personal wish to have children.
Can a Divorce Agreement Settle the Issue?
Couples who agree can address embryos directly in their divorce paperwork. Under Tenn. Code Ann. § 36-4-103, a divorce based on irreconcilable differences requires a written marital dissolution agreement. Spouses can include specific embryo terms in that agreement, such as who pays storage fees.
Common Mistakes Couples Make
Embryo disputes often stem from small oversights made years earlier. Watch for these problems:
- Signing clinic forms without reading the divorce section
- Assuming a verbal promise will hold up in court
- Forgetting that storage fees continue during the divorce
- Leaving embryos out of the marital dissolution agreement
Key Takeaways
- Tennessee courts treat frozen embryos as neither people nor property.
- A signed clinic agreement is usually the first thing a court enforces.
- Without an agreement, the spouse avoiding parenthood often prevails.
- A spouse with no other path to parenthood may win an exception.
- Divorce agreements can settle embryo storage, donation, and costs.
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