Divorcing couple battles over custody of frozen embryos

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ST. LOUIS, MO (KTVI) - A  divorced couple's bitter battle over their frozen embryos is going to the court of appeals  This is the first case of it's kind in Missouri. Our investigation found the signed contracts by couples going through in vitro fertilization are basically worthless.

In 2007 Jasha McQueen and Justin Gadberry went through IVF to try to have children. They ended up with four embryos, which are fertilized sperm and eggs. Jasha had two put in and became pregnant with twins. Two of the embryos were frozen.

Jasha provided Fox 2 with signed contracts that say she would get the frozen embryos if the two divorced. One contract was from 2007 and another from 2010. Justin's attorney argues there are issues with his client's signature, and whether he knew what he was signing or more was added after his signature.

The couple divorced later in 2010 and Jasha eventually sued asking for the embryos for her to use. Justin fought her and the court ruled in his favor saying the embryos were marital property.

The court decided the embryos would remain frozen until both could agree on how to use them. Justin does not want more children with his ex-wife, and she does not want the embryos destroyed. Jasha is appealing and vows to fight legally for custody of the embryos.

More information:

Embryo Defense: www.embryodefense.org

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