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A Couple Breaks Up. Who Gets Custody of Their Embryos?

The Daily | 10 sep 2026 | 00:43:57

As more people in the United States use I.V.F. to have children, embryos are being stored in fertility clinics across the country. It raises the question: What should happen to those embryos if a couple breaks up?

Caroline Kitchener, who covers families for The New York Times, tells the story of Erin Millender, who took a custody battle over frozen embryos to court after her husband revoked his consent to use them.

Guest: Caroline Kitchener, a New York Times reporter, writing about the American family.

Background reading: 

Photo: Kim Raff for The New York Times

For more information on today’s episode, visit nytimes.com/thedaily. Transcripts of each episode will be made available by the next workday.

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