Skip to main content
    Skip to explanation
    A.R.S. § 25-318.3

    Arizona's Rule on Dividing In Vitro Human Embryos in Divorce

    Verified May 17, 2026 • 57th Legislature, 1st Regular Session

    Arizona courts must award in vitro human embryos in a dissolution to the spouse who intends to allow them to develop to birth. The rule prioritizes the preservation of embryos over preferences for destruction or indefinite freezing and reflects Arizona's distinctive approach to reproductive technology.

    Title 25, DISSOLUTION OF MARRIAGE

    azleg.gov

    What This Statute Says

    This section is one of Arizona's most distinctive family law rules. When dissolution involves in vitro human embryos, the court must award them to the spouse who intends to permit them to develop to birth. The rule takes precedence over earlier agreements that may have contemplated destruction or indefinite storage.

    A. If an action described in section 25-318, subsection A involves the disposition of in vitro human embryos, the court shall:

    A.R.S. § 25-318.3

    When This Statute Comes Into Play

    This rule comes into play when:

    • A divorcing couple created embryos during fertility treatment that remain frozen at the time of dissolution.
    • The spouses disagree about what should happen to the stored embryos.
    • Estate planning documents need to account for embryos that may produce a child after the proceeding ends.

    What This Means for Arizona Families

    Reproductive technology has outpaced traditional estate planning frameworks. Frozen embryos are property under some legal regimes and potential persons under others. Arizona has chosen a clear rule that emphasizes the possibility of birth, which has profound implications for estate plans drafted before or after the dissolution.

    If your dissolution involves stored embryos, this section will likely control the outcome. Our FAQ on including future children and grandchildren in an Arizona estate plan covers the related question of how to plan for children born after the will or trust is signed. An Arizona family law attorney working with an estate planning attorney can coordinate the dissolution outcome with updates to the will, the revocable living trust, beneficiary designations, and any specific provisions for posthumously conceived children. The rule in this section often surprises clients who had different intentions for the embryos when they were created; planning early avoids leaving the issue to a contested hearing.

    A. If an action described in section 25-318, subsection A involves the disposition of in vitro human embryos, the court shall: 1. Award the in vitro human embryos to the spouse who intends to allow the in vitro human embryos to develop to birth. 2. If both spouses intend to allow the in vitro human embryos to develop to birth and both spouses provided their gametes for the in vitro human embryos, resolve any dispute on disposition of the in vitro human embryos in a manner that provides the best chance for the in vitro human embryos to develop to birth. 3. If both spouses intend to allow the in vitro human embryos to develop to birth but only one spouse provided gametes for the in vitro human embryos, award the in vitro human embryos to the spouse that provided gametes for the in vitro human embryos. B. If an agreement between the spouses concerning the disposition of the in vitro human embryos is brought before the court in an action described in section 25-318, subsection A, the court shall award the in vitro human embryos as prescribed in subsection A of this section. C. The spouse that is not awarded the in vitro human embryos has no parental responsibilities and no right, obligation or interest with respect to any child resulting from the disputed in vitro human embryos, unless the spouse provided gametes for the in vitro human embryos and consents in writing to be a parent to any resulting child as part of the proceedings concerning the disposition of the in vitro human embryos. D. If the spouse who is not awarded the in vitro human embryos does not consent to being a parent as provided in subsection C of this section, any resulting child from the disputed in vitro human embryos is not a child of the spouse and has no right, obligation or interest with respect to the spouse. E. A spouse who provided gametes for the in vitro human embryos and who does not consent to being a parent as provided in subsection C of this section shall provide the spouse awarded the in vitro human embryos as provided in subsection A of this section with detailed written nonidentifying information that includes the health and genetic history of the spouse and the spouse's family in a document that is separate from a document containing identifying information. F. For the purposes of this section: 1. "Gamete" means a sperm or ovum. 2. "Human embryo" has the same meaning prescribed in section 36-2311. 3. "In vitro" has the same meaning prescribed in section 36-2311.

    This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

    Get Started Today

    Need Help With Your Estate Plan?

    Whether you are just getting started or reviewing an existing plan, RJP Estate Planning works hand in hand with experienced estate planning counsel to help you understand your options.