Battle over embryo highlights family law's new fertility frontier

Family law is ever-changing. In one of the summer’s most interesting family law decisions, SH v. DH, Justice Robert Del Frate of the Ontario Superior Court was asked to decide the fate of an embryo which the husband and wife had purchased from a fertility centre in the state of Georgia. The parties signed a contract and bought donated eggs and sperm for US$11,500.

Pursuant to that arrangement, two viable embryos were shipped to an Ontario fertility centre. Neither the husband nor the wife had any biological connection to the embryos.

One of the embryos was implanted in the wife, who gave birth to a son. Shortly after the child’s birth, the parties separated.

As part of their acrimonious divorce, the parties disputed what should happen with the remaining embryo. The wife wanted to use it; the husband objected.

This article was originally published in the National Post. To read the complete article, please visit the National Post's website.