Starting the IVF process opens a world of excitement and hope for many couples. But amidst the anticipation, an uncomfortable reality emerges: what happens to the remaining embryos or genetic material if one or both parents die?

A Deeply Personal Decision

This is a deeply personal decision with strong opinions on all sides. The issue can even become legally complex, as seen in recent court cases. Given the sensitivity involved, the best course of action is to include your wishes for your embryos and genetic material in your estate plan.

Considering Your Options

There are several ways to handle embryos and genetic material after your death:

Open Communication is Key

This is a conversation to have with your partner and estate planning attorney. Don’t be afraid to share your honest feelings and concerns; we’ve heard them all before, and our job is to help you find a solution that brings you peace of mind.

Addressing Specific Scenarios

As you begin to think through your options and wishes, here are some additional considerations you may wish to address in your planning:

Remember, There’s No One-Size-Fits-All Answer

The best plan for you will depend on your unique circumstances and your family’s values. Open communication and a well-crafted estate plan will ensure your wishes are respected, even after you’re gone. If you have additional questions or you would like to start the process of memorializing your wishes for your embryos and/or genetic material, we are here to offer guidance and support. Simply contact us and we’ll help you create a plan that reflects your hopes and values for your growing family.

Contact us today for a comprehensive consultation and be sure to mention this article for a focused discussion on your specific needs.

This article is a service of Miller & Miller Law Group. We do not just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love.


We all put things off, but when it comes to estate planning, procrastination can have serious consequences. Let’s talk about ensuring your wishes are followed.