A Couple Breaks Up. Who Gets Custody of Their Embryos?
Sep 10, 2026 · 43m
Summary
Reporter Caroline Kitchener details the legal battle between Erin Millinder and Adam Rubin over custody of two frozen embryos after their divorce. The couple, who struggled with infertility and personal loss, signed conflicting agreements regarding the embryos' fate, leading to a court dispute in New York. Erin ultimately won a lower court ruling allowing her to use the embryos, and she became pregnant before an appellate stay could take effect. The case highlights the lack of clear legal precedent in most states regarding embryo custody and the complex ethical questions raised by modern fe…
Topics discussed
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Intro: The legal limbo of frozen embryos
Reporter context: IVF and modern family questions
Defining IVF and the custody dilemma
Meet Erin Millinder: Her background and goals
Erin's childhood and approach to dating
The Craigslist ad and meeting Adam
Relationship dynamics and disclosure of fertility
Commitment, breakup, and eventual marriage
IVF struggles and family health crises
Emotional distance and failed transfers
Sponsors: Capital One, Altra, Schwab
Diverging perspectives on the relationship breakdown
Divorce filed and consent for embryos revoked
Legal landscape and conflicting contracts
Court arguments: Erin vs. Adam
Ruling, appeal, and the embryo transfer
Pregnancy and the couple's first meeting
Legal implications and state precedents
Ethical debate and closing thoughts
Sponsors and news headlines
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