Who gets custody of a frozen embryo in a divorce? According to the Ga. Court of Appeals, it depends on what the in vitro fertilization facility paperwork says.

In a 2-1, 35-page opinion addressing an issue of first impression opinion, Judge Trenton Brown III, the court ruled that the language of the contract the now ex-husband and wife Jonathan and Lauri Smith signed prior to beginning IVF reverses a Coweta County court’s balancing approach that awarded the ex-wife the embryo because she gave more (in terms of surgeries, injections and cryo-storage fees) to create and maintain it.