J.B. v. M.B.


783 A.2d 707 (2001)

170 N.J. 9

J.B., Plaintiff-Respondent, v. M.B., Defendant-Appellant, and C.C., Defendant.

Supreme Court of New Jersey.

Decided August 14, 2001.


Attorney(s) appearing for the Case

Eric S. Spevak and Andrew L. Rochester, Haddonfield, argued the cause for appellant (Adinolfi and Spevak, attorneys; Mr. Spevak, Mr. Rochester, Sandra E. Yampell and Richard M. Chiumento, Haddonfield, on the briefs).

James Katz argued the cause for respondent (Sagot, Jennings & Sigmond, Cherry Hill, attorneys).

Lenora M. Lapidus, Former Legal Director, submitted a letter in lieu of brief on behalf of amici curiae, American Civil Liberties Union of New Jersey, American Society for Reproductive Medicine and RESOLVE (J.C. Salyer, Staff Attorney, attorney).

Russell J. Passamano, Morristown, submitted a brief on behalf of amicus curiae LifeNet, Inc.


The opinion of the Court was delivered by PORITZ, C.J.

In this case, a divorced couple disagree about the disposition of seven preembryos1 that remain in storage after the couple, during their marriage, undertook in vitro fertilization procedures. We must first decide whether the husband and wife have entered into an enforceable contract that is now determinative on the disposition issue. If not, we must consider how such conflicts should...

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