This international embryo and surrogacy dispute raises constitutional issues and international conflicts of law. The Maltese ex-wife has sued to be allowed to use the parties’ embryos that they created during their marriage: using the embryos, she wants to create children via a surrogate. The parties’ IVF contract specified she would have control of any embryos, but the U.S. ex-husband won an injunction barring her access to the embryos. This case file is their appeal. Each party is arguing their constitutional right to be or to not be a parent is at stake in the case. The ex-husband further argues that the surrogacy required to create children from the embryos would be a crime under DC law [where the embryos are located] as well as being a crime under Maltese law [the ex-wife’s nationality and where she intends to return with the children], but it is unclear whether D.C., Maryland, Virginia or Maltese law governs this embryo dispute, and the choice of law is outcome-determinative.
This book is part of the Context and Practice Series, edited by Michael Hunter Schwartz, Professor of Law and Dean of the McGeorge School of Law, University of the Pacific.
If you are a professor teaching in this field you may request a complimentary copy.