Contracts Keyed to Fuller
In re the Marriage of Witten
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Before Tamera Witten (Plaintiff) and Trip Witten (Defendant) sought to have their marriage dissolved, the couple had attempted to become parents through the process of in vitro fertilization. After several unsuccessful embryo transfers, 17 fertilized eggs remained in storage at the medical facility. The Wittens had signed an embryo storage agreement that provided that embryos will not be used for transfer, release, or disposition without the signed approval of both parties. Upon the dissolution of the marriage, Plaintiff asked at trial that she be awarded “custody” of the 17 embryos. Defendant did not want Plaintiff to use the embryos and asked the court to prohibit either party from doing so without the written consent of both parties. The district court relied on the embryo storage agreement to settle the dispute and enjoined either party from transferring, releasing, or utilizing the embryos without the written consent of the other. Plaintiff appealed.
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