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A Couple Breaks Up. Who Gets Custody of Their Embryos?

New York Times reporter Caroline Kitchener discusses the legal and emotional complexities surrounding embryo custody disputes after a couple's divorce, highlighting the story of Aaron Millender and Adam Rubin.

A Couple Breaks Up. Who Gets Custody of Their Embryos? Listen on the show ↗

Key takeaways

The digest

In an increasingly complex world where medical advancements outpace legal frameworks, the question of who gets custody of frozen embryos after a divorce has emerged as a thorny and deeply personal issue. Rachel Abrams, host of The Daily, sat down with New York Times reporter Caroline Kitchener to explore this uncharted legal territory through the lens of a specific New York divorce case.

The Rise of IVF and the Unforeseen Dilemma

Kitchener began by explaining her focus on IVF, a topic that has gained significant political and social traction, particularly with the Trump administration's campaign promise to make IVF widely accessible. As more and more Americans turn to IVF to have children, the number of stored embryos has skyrocketed, leading to an urgent question: What happens to these embryos if a couple breaks up? The legal system, Kitchener notes, currently offers no clear answers or rules for weighing one person's desire to become a parent against another's desire not to. This ambiguity creates a legal and emotional limbo, as exemplified by the case of Aaron Millender and Adam Rubin.

Keep reading in The Digest

The full 2-minute article, 3 more sections, and every new episode from The Daily and the creators you follow.

  1. Aaron and Adam: A Story of Shared Dreams and Divergent Paths
  2. The IVF Journey: Hope, Heartbreak, and a Father's Decline
  3. The Breaking Point: Withdrawal of Consent and a Betrayal of Trust
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