Bilbao v. Goodwin

Summary

The court held that an agreement between progenitors governing the disposition of cryopreserved pre-embryos upon divorce is the appropriate first point of analysis and is presumed enforceable when it does not compel procreation. It determined that the parties formed an enforceable agreement requiring disposal of the pre-embryos because their signed and initialed storage agreement contained definite terms supported by mutual promises and the parties' contributions of gametic material. The court therefore reversed the ruling that the agreement was unenforceable, vacated the award of the pre-embryos to the plaintiff, and remanded for disposition consistent with the agreement.