TERRELL v. TORRES

No. 1 CA-CV 17-0617 FC.

438 P.3d 681 (2019)

In re the Matter of: John Joseph TERRELL, Petitioner/Appellee, v. Ruby TORRES, Respondent/Appellant.

Court of Appeals of Arizona, Division 1.

Filed March 14, 2019.


Attorney(s) appearing for the Case

Law Office of Dennis P. Levine PC, Phoenix, By Debora M. Levine , Co-Counsel for Respondent/Appellant.

The Murray Law Offices PC, Scottsdale, By Stanley D. Murray , Co-Counsel for Respondent/Appellant.

Stoddard Law Group PC, Phoenix, By Allie Stoddard , Co-Counsel for Petitioner/Appellee.

Campbell Law Group PLLC, Phoenix, By Claudia D. Work , Co-Counsel for Petitioner/Appellee.

Sherman & Howard LLC, Phoenix, By Christopher M. Jackson , pro hac vice, Matthew A. Hesketh , Co-Counsel for Amicus Curiae Academy of Adoption & Assisted Reproduction Attorneys.

Daniel I. Ziskin PC, Phoenix, By Daniel I. Ziskin , Co-Counsel for Amicus Curiae Academy of Adoption & Assisted Reproduction Attorneys.

Judge Jennifer B. Campbell delivered the opinion of the Court, in which Judge James P. Beene joined. Presiding Judge Maria Elena Cruz dissented.


OPINION

¶1 Ruby Torres and John Joseph Terrell disagree about the disposition of cryogenically preserved embryos1 created using Torres' eggs and Terrell's sperm. The dispute arose over whether, under the terms of their in vitro fertilization agreement ("IVF Agreement"), Torres could use...

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