Kass v. Kass
|Kass v. Kass
|New York Court of Appeals
|91 N.Y.2d 554, 696 N.E.2d 174, 673 N.Y.S.2d 350
|May 7, 1998
A divorced couple had a dispute over the frozen zygote (eggs and sperms; that is fertilized eggs).
*Mr. Kass & Mrs. Kass were unsure that Mrs. could carry the baby successfully to birth.
*After failure of artificial insemination, the couple turned to IVF (in vitro feritilization).
*They agreed not to pursue custody of their pre-zygotes kept at the clinic.
*Because of their woman's failure to get pregnant, the couple filed for divorce.
Mrs. Kass changed her mind later, suing for custody of the frozen pre-zygotes.
The Appellate Division reversed.
Mrs. Kass won in the trial court in New York.
Yes. Agreements between prospective parents regarding the future handling of their pre-zygotes are presumptively valid & enforceable.
Mr. Kass won