Michigan Couple’s Embryo Divorce Battle Heads to Supreme Court

The battle over a frozen embryo is on it's way to the Michigan Supreme Court for a final decision.

When It All Started

Prior to their divorce in 2020, Michigan couple Sarah and David Markiewicz had their embryos frozen in case they wanted to have children down the road. While their property and finances can be easily split up by a judge, the fate of something like an embryo falls into a grey area which has been going through Michigan courts for half a decade now.

If it was his frozen sperm or her frozen eggs it would have been an open and shut case. But because the frozen embryo contains both of their DNA, it has become unclear if it is his property, her property, both of theirs... or because there are living cells involved is it no longer property?

Michiganders Deal With Legal Battles Involving Born and Unborn Children

A few years ago we told you about a couple from Michigan who had to legally adopt their own biological children. These were parents who wanted their own kids, but had to fight in court to be with them.

The catch is that they are back with their youngsters, but not as their biological parents but as far as the state is concerned they are now their own children's adopted parents.  So needless to say we have some pretty strange laws in Michigan involving rights of biological parents.

What's Next?

In this case Sarah has gone through menopause and wants the embryo incase she decides to have more children in the future. David wants the embryo donated to science or destroyed, as he doesn't want another child with his ex-wife.

After years of litigation their case now heads to the Michigan Supreme Court who heard testimony yesterday (4/9) and will decide the fate of the embryo.