Who Gets the Embryos in a Divorce? IVF, Embryo Rights & Family Law | Brett Ward x Brittney Sobel

What happens to frozen embryos if a couple divorces? In this episode of Modern Conception, Brittney Sobel sits down with family law attorney Brett Ward to unpack one of the most complex legal questions in modern fertility care: who owns the embryos when a relationship ends. Brett explains how courts actually decide embryo disputes, including the role of fertility clinic consent forms, mutual intent between partners, state laws, and competing constitutional rights. He also discusses whether couples can create their own legal agreements outside of clinic paperwork—and when those agreements are enforceable. The conversation also explores the long-term legal implications of creating embryos with a partner, including whether someone who does not want to use the embryos could later face parental rights or even child support obligations. If you’re considering IVF, embryo freezing, or creating embryos with a partner, this episode highlights why fertility decisions are not just medical—they can create lasting legal relationships. Subscribe for more honest conversations about fertility, IVF, reproductive law, and modern family-building.