Gilmer Law Firm PLLC – Divorce and Family Law Attorneys in Brooklyn, NY
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In today’s complex world of assisted reproductive technology (ART), divorce no longer just divides homes and finances—it can also split futures. The New York case of Kass v. Kass, 91 N.Y.2d 554 (1998), tackled one of the most emotionally charged questions in modern family law: who controls cryopreserved embryos, or “pre-zygotes,” after a marriage ends?
At Gilmer Law Firm PLLC, based in Downtown Brooklyn, we help clients navigate the legal, ethical, and emotional terrain of IVF-related disputes and reproductive rights during separation or divorce. The Kass decision remains a cornerstone case, particularly for New York families exploring or exiting assisted reproduction together.
The Case of Kass v. Kass: A Brooklyn Couple’s IVF Dispute
Maureen and Steven Kass were a married couple who participated in an in vitro fertilization (IVF) program, which resulted in the cryopreservation of five pre-zygotes. Like many couples undergoing IVF, they signed an “Informed Consent Form” with the hospital outlining how these embryos would be used in the future.
Later, when they divorced, the question arose: could Maureen use the embryos to try to conceive, or did Steven have the right to stop her? Initially, the trial court granted Maureen possession of the embryos. But the Appellate Division—and later the New York Court of Appeals—reversed that decision based on the couple’s prior agreement.
Key Legal Questions in Kass v. Kass
Do IVF Consent Forms Control Embryo Use After Divorce?
Yes—if the consent forms are clear and mutually signed. The court in Kass ruled that the informed consent document signed by both parties was a binding contract. That document stated that if the couple could not agree on what to do with the embryos, they would be donated for scientific research.
This meant Maureen couldn’t later change her mind and try to use them for pregnancy.
Takeaway for Brooklyn couples: Always treat IVF consent documents as legal contracts. You can’t assume they’re merely medical paperwork.
Can One Spouse Force the Other to Become a Parent After Divorce?
No. The court emphasized that reproductive rights involve deeply personal choices. Forcing someone to become a parent—particularly post-divorce—violates their constitutional rights to avoid procreation. In Kass, Steven Kass did not want the embryos used to create a child after the divorce, and the court respected that decision.
Why it matters: In Brooklyn and across New York, courts are extremely cautious about overriding someone’s right not to procreate.
What Happens When There’s a Change of Heart After Divorce?
Maureen Kass argued that her need to use the embryos—given her age and fertility status—outweighed the original agreement. She believed she should be allowed to use them despite the consent form.
The court disagreed, holding that a later change of mind cannot undo a written agreement. The law puts a premium on honoring the parties’ original intentions, especially when clearly documented.
Reproductive Rights, Divorce, and Contract Law Collide
Kass v. Kass is more than a case about embryos—it’s a case about how contract law and personal autonomy intersect in family law.
- Courts will interpret IVF agreements using standard contract principles.
- Ambiguities may lead to litigation, but clear written agreements are enforceable.
- Reproductive autonomy is a protected right—a person cannot be forced into parenthood post-divorce.
At Gilmer Law Firm PLLC, we guide New York families in crafting IVF agreements that stand up to legal scrutiny and protect both parties’ rights. Whether you’re entering fertility treatment or dissolving a marriage, these agreements matter.
What Kass v. Kass Means for Your Divorce or IVF Plan
Here’s what you need to know if you’re navigating similar issues in New York:
🧾 Draft IVF Agreements Thoughtfully
Before beginning IVF, consult a family law attorney—not just your fertility doctor. Your consent form is not just a medical form—it’s a contract that can determine the fate of your embryos during divorce, separation, or death.
⚖️ Divorce Doesn’t Automatically Void IVF Agreements
Even if your marriage ends, the original consent form likely still applies. If it says embryos will be donated to science in the event of disagreement, that’s binding—even if you later want to use them.
🧬 Consent to Parenthood Is Ongoing
Courts are highly protective of a person’s right to decide when (or if) they become a parent. If one spouse doesn’t consent to post-divorce parenthood, courts are unlikely to override that—even in emotionally difficult cases.
💼 Consult a Reproductive and Family Law Attorney
If you’re facing or contemplating assisted reproduction and are unsure about your legal rights, it’s vital to consult with a lawyer who understands both family law and reproductive rights. At Gilmer Law Firm PLLC, we help clients across Brooklyn prepare for the unexpected by negotiating and drafting enforceable IVF and parenting agreements.
Why This Case Matters in Brooklyn, NY
Brooklyn is home to many diverse families, LGBTQ+ couples, and professionals turning to IVF to start their families. Whether you’re in Downtown Brooklyn, Prospect Heights, or Fort Greene, you may encounter legal issues similar to those in Kass v. Kass—especially as IVF becomes more common.
By understanding this case and preparing proactively, you can protect your future and your parental rights. Gilmer Law Firm PLLC offers personalized, culturally competent counsel for all types of families navigating the legal side of modern reproduction.
Contact Gilmer Law Firm PLLC for Help With Divorce and Reproductive Agreements
Whether you’re drafting an IVF agreement, going through a separation, or facing a dispute over reproductive material, we can help.
📍 Gilmer Law Firm PLLC
15 MetroTech Center, 7th Floor
Brooklyn, NY 11201
📞 Call Now: 718-864-2011
🌐 Visit Us: www.gilmerlegal.com
Serving Brooklyn neighborhoods including:
- Downtown Brooklyn
- Park Slope
- Crown Heights
- Bedford-Stuyvesant
- Carroll Gardens
- Clinton Hill
- Prospect Heights
