Kass v. Kass

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).

*Because of their woman's failure to get pregnant, the couple filed for divorce.

*They agreed not to pursue custody of their pre-zygotes kept at the clinic.

Mrs. Kass changed her mind later, suing for custody of the frozen pre-zygotes.

Mrs. Kass won in the trial court in New York.

The Appellate Division reversed.

Are agreements between prospective parents regarding the future handling of their pre-zygotes presumptively valid & enforceable?

Mr. Kass argued that his former wife shouldn't be allowed to use the frozen zygotes by additional pregnancy attempts on her own.

Yes. Agreements between prospective parents regarding the future handling of their pre-zygotes are presumptively valid & enforceable.

Mr. Kass won

Affirmed the Appellate Division

*Contracts_Ayres/9th_ed._Outline#H._Illegality_and_Public_Policy