AZ v. BZ
- P (husband) and D (wife) were married and tried to use IVF to have children.
- D had eggs removed, fertilized, and frozen.
- D was able to become pregnant through the procedure once but desired to have more children after she was divorced from D.
- Prior to the egg removal, P and D signed a consent form that stated that if they were to be separated, the zygotes would go to the wife for implant.
- P opposed this and sought a permanent injunction against D relating to the frozen zygotes.
- Lower court found for P.
- Supreme Court of MA affirmed, found for P, zygotes could not be used by wife.
- Can a court compel someone to become a parent against their will?
- A court cannot compel someone to become a parent against their will.
- The court does not believe that the form truly represented the intent of the husband and wife regarding disposition of the embryos in case of a dispute.
- The form was not meant to act as a binding agreement between them in case of dispute.
- The form does not contain a duration provision.
- The form uses the term separated, which is very different than divorced.
- The form is not a separation agreement that would be binding in a divorce proceeding.
- The court will not enforce an agreement that would compel one donor to become a parent against his will.
- The public interest in freedom of contract is sometimes outweighed by other public policy considerations.
- Prior agreements to enter into familial relationships should not be enforced against individuals who later reconsider their decisions.
- Public policy was a concern here. (cannot force someone into a familial relationship against their will)