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.
Procedural History:
Lower court found for P.
Supreme Court of MA affirmed, found for P, zygotes could not be used by wife.
Issues:
Can a court compel someone to become a parent against their will?
Holding/Rule:
A court cannot compel someone to become a parent against their will.
Reasoning:
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.
Dissent:
None.
Notes:
Public policy was a concern here. (cannot force someone into a familial relationship against their will)
