Clinic disposition forms are a starting point for discussing what happens with frozen embryos in the event partners split up or decide not to use them. While these administrative documents are helpful, they don’t necessarily protect your reproductive wishes in the real world, and they’re frequently not legally enforceable if a dispute arises. A Reproductive Estate Plan (REP) steps in to fill those gaps.
What is a Reproductive Estate Plan (REP)? Why is it important?
An REP is one of the most overlooked but critical parts of fertility planning. It documents your intentions for embryos, gametes (eggs or sperm), and future family decisions in scenarios traditional estate plans and wills do not cover.
A will only activates upon death and addresses guardianship and asset distribution. It does not protect your embryos, authorize fertility-related decisions, or address what happens during separation, divorce, incapacity, or medical emergencies.
An REP does! It clarifies your wishes in multiple scenarios: separation, divorce, incapacity, medical emergencies, and death. It protects your embryos and your intent for future children.
A comprehensive REP typically includes the following:
Clear instructions for how reproductive decisions should be handled in cases of separation, divorce, incapacity, or death
Designation of guardians for existing or unborn children
A Power of Attorney authorizing someone to sign fertility, medical, financial, and parentage documents on your behalf
Your intentions for remaining embryos, eggs, or sperm
Surrogacy-specific planning, such as who signs parentage documents while your Gestational Carrier is pregnant
For Intended Parents using a surrogate, an REP is essential. Traditional estate plans do not address who can sign critical court or hospital documents during the pregnancy. Without an REP, your parentage process can become delayed or jeopardized at the exact moment you need clarity the most.
Why Legal Agreements Matter: Lessons from Real Cases
Courts want evidence of clear intent. Without it, judges may deny the use of embryos, require mutual consent, or reach inconsistent outcomes, putting you at risk. Real cases show how unpredictable decisions can be, even in high-profile cases.
Sofia Vergara v. Nick Loeb (2017–2021; California & Louisiana)
Actress Sofia Vergara and her former fiancé, Nick Loeb, created embryos together. After their relationship ended, Loeb attempted to use the embryos without Vergara’s consent. Courts ultimately ruled in Vergara’s favor, emphasizing that both parties must consent to any use of the embryos, as no agreement showed unilateral use was allowed.
Szafranski v. Dunston (2015, Illinois)
A woman whose fertility was destroyed by cancer treatment was allowed to use the embryos created with her ex-boyfriend because the court interpreted his earlier statements that he intended to help her have a child.
The Mimi Lee Case (California)
Mimi Lee and her husband had created embryos before her cancer treatment. Upon divorce, she wanted to use them; he wanted them destroyed. The court ordered the embryos destroyed, relying on previously signed disposition forms, despite her medical needs, contradicting the outcome of Szafranski.
Szafranksi and Lee show just how unpredictable courts are even based on similar facts.
These cases make one thing clear: relying on administrative forms or assumptions is not enough. An REP provides the clarity courts look for and the protection your family-building journey deserves. By documenting your intentions proactively, and in a legally enforceable way, you reduce uncertainty, safeguard your embryos, and ensure your reproductive future remains in your hands, no matter what life brings.
Rijon Charne, Esq. is a licensed attorney practicing fertility law in California. After obtaining a dual degree in Psychology and Philosophy from the University of Texas at Austin, she earned her Juris Doctorate from the University of San Diego Law School. Rijon has a long standing history of advocating for children' s rights. Having undergone fertility treatments herself, she is driven to guide individuals through the intricate legal process of assisted reproductive technology. She handles all aspects of fertility law, including egg donation, sperm donation, embryo donation as well as the complicated area of surrogacy law.
Learn more about her practice, Sunray Fertility, here.
