What happens to the frozen embryos of divorced couples? Ontario lacks clear legal standards.
Legal issues arising from the use of reproductive technologies aren’t exclusive to Ontario. This is an emerging area of law across Canada and globally. In Quebec, the parties intending to use the reproductive materials must provide written guidance to the clinic regarding any unused materials in the event of a dissolution of the union ahead of time. Quebec law also requires regular contact with the clinic to confirm that the parties’ intentions remain the same.
These are two very different approaches: indefinite storage awaiting agreement or immediately mandated destruction. There are obviously moral complexities that arise with either of these solutions. There will be emotional and psychological responses for the parties based on a variety of factors, including religious and cultural expectations as well as relationship dynamics. There is also the question of cost.
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