[Author’s Note: It is with great sadness that the authors announce the passing of Judge Sondra Miller on August 7.]

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During a four-way conference in a divorce matter, opposing counsel slides an updated statement of net worth across the table for your review. At first glance, nothing stands out, until you reach the expenses where a line item catches your eye: “Upstate Fertility Center Cryopreservation.” Curious, you inquire about the nature of this expense, and learn it’s incurred from storing the parties’ frozen embryos from an IVF cycle. Your mind starts spinning over all the potential issues associated with the embryos. Most significantly, you cannot shake the question of what is their fate if the parties do not have a contract directing their disposition. Experience tells you that the chances of the parties’ wishes aligning at this point in time are slim. You have a firm grasp on the relevant law in New York State, but realize this may be unprecedented territory. How should you advise your client and what are your crucial next steps?

Hon. Sondra Miller. Courtesy Photo