A.Z. v. B.Z

In A.Z. v. B.Z., 431 Mass. 150, 725 N.E.2d 1051 (2000), the 1991 IVF resulted in the birth of twins. Id. at 1053. Moreover, the consent forms, signed by the husband in blank, had been completed by the wife to provide that on the donors' separation the embryos were to be given to the wife for implantation. Id. at 1054. The trial court, at the husband's request, had permanently enjoined the wife "from utilizing" the frozen embryos. Id. at 1054-55. The Supreme Judicial Court of Massachusetts affirmed. The court determined that the consent form was not binding "in view of the purpose of the form (drafted by and to give assistance to the clinic) and the circumstances of execution." Id. at 1056. One of those circumstances was the husband's execution of the consent forms in blank. The court, therefore, doubted that the form represented the parties' intent in the event of a dispute between them. Id. at 1056-57. Nevertheless, the court addressed and rejected the enforceability of such an agreement: "With this said, we conclude that, even had the husband and the wife entered into an unambiguous agreement between themselves regarding the disposition of the frozen preembryos, we would not enforce an agreement that would compel one donor to become a parent against his or her will. As a matter of public policy, we conclude that forced procreation is not an area amenable to judicial enforcement. It is well established that courts will not enforce contracts that violate public policy. Id. at 1057-58 . The court relied on certain Massachusetts statutes and judicial decisions from which it "gleaned" that "agreements to enter into familial relationships (marriage or parenthood) should not be enforced against individuals who subsequently reconsider their decisions." Id. at 1059.