J.B. v. M.B.

The opinion of the Court was delivered by

PORITZ, C.J.

In this case, a divorced couple disagree about the disposition of seven preembryos1 that remain in storage after the couple, during their marriage, undertook in vitro fertilization procedures. We must first decide whether the husband and wife have entered into an enforceable contract that is now determinative on the disposition issue. If not, we must consider how such conflicts should be resolved by our courts.

Although the reproductive technology to accomplish in vitro fertilization has existed since the 1970s, there is little caselaw to…