Michigan Supreme Court Declines to Hear Frozen Embryo Dispute
A contentious legal battle over the fate of a frozen embryo has reached a conclusion as the Michigan Supreme Court decided not to review the case. This decision upholds a previous appeals court ruling granting custody of the embryo to the ex-husband, David Markiewicz.
The Michigan Court of Appeals had determined in December 2023 that Markiewicz should have custody of the embryo, citing his biological connection and the avoidance of compelling him to father another child with his former wife, Sarah Markiewicz. The decision was not unanimous, as a dissenting judge believed the embryo should go to Sarah Markiewicz. The court’s opinion can be reviewed in detail here.
The disputed embryo, like Sarah’s previous in vitro fertilization (IVF) pregnancies, was created using David’s sperm and an egg donated by Sarah’s sister. The couple also shares one child conceived naturally. Sarah Markiewicz contended that retaining the embryo might be her last chance to expand her family, invoking the Michigan Reproductive Freedom for All amendment for her claim.
David Markiewicz, however, expressed intentions to either destroy the embryo or donate it for scientific research if he prevailed. His attorney, Trish Haas, conveyed his relief through an email to Michigan Public Radio, stating, “My client is very happy and relieved that he can now put this chapter behind him.”
The Supreme Court’s refusal to hear the case was issued without a signature. Nevertheless, Justice Brian Zahra offered a concurring statement urging legislative action to establish guidelines for such disputes as IVF becomes increasingly prevalent. He highlighted the complexity of legal, ethical, and moral questions involved with human embryos, stressing the need for clear legal standards.
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