Law for Business 10th Edition by James Barnes,Terry Dworkin,Eric Richards

Exercise 8

Z. and B.Z. went to a fertility clinic and had preembryos created from their sperm and eggs. Excess preembryos were to be held in cryopreservation at the clinic. The couple had to sign a form saying what would happen to the preembryos under certain circumstances including if the couple separated. They indicated that the preembryos should be returned to the wife for implantation if they separated. Before the last vial of preembryos was used, the husband filed for divorce and the wife sought the preembryos for implantation. The husband objected to being made a parent at this point. Should the court deny enforcement of the agreement on the basis of public policy? Explain.