In re the Marriage of Litowitz

(dissenting) — The majority contends the cryopreservation contract controls the disposition of the preembryos. Majority at 527. But even if so, I posit that the contractual text does not support the majority’s disposition, but rather the trial court’s.

The contract states in pertinent part:

We agree that because both the husband and wife are participants in the cryopreservation program, that any decision regarding the disposition of our pre-embryos will be made by mutual consent. In the event we are unable to reach a mutual decision regarding the disposition of our pre-embryos, we must petition…