Because husband and wife never made an agreement prior to undergoing in vitro fertilization, and the resulting pre-embryos were likely wife’s only opportunity to achieve parenthood, the court found that the balancing of interests tipped in wife’s favor and awarded the pre-embryos to wife. Affirmed.
Appellant Bret Howard Reber, husband, and Andrea Lynn Reiss, wife, were married in 2002. In 2003, at the age of 36, wife was diagnosed with breast cancer. As a result of that diagnosis and the proposed treatment, the parties were advised to undergo in vitro fertilization to preserve wife’s ability to conceive a child.
