In Re the Marriage of Mandy Rooks, Petitioner and Drake Rooks, Respondent.

Summary

The court held that disputes over cryogenically preserved pre-embryos in a dissolution proceeding must first be resolved by enforcing an applicable agreement, and otherwise by balancing the parties’ competing interests in procreational autonomy. It adopted a nonexclusive balancing framework that includes each party’s reproductive interests and hardship but excludes affordability, the number of existing children standing alone, and adoption alternatives. Because the lower courts considered improper factors, the court reversed and remanded for reconsideration under the new framework.