Resolving Disputes Over Frozen Embryos: A New Proposal

This paper proposes a principle for adjudicating conflicts between estranged couples over whether the frozen embryos they earlier created together ought to be gestated or destroyed. I argue that the fate of the embryos ought to be determined by the party who would be most harmed by having his or her preferences overruled. But I also claim that, when embryos are destroyed against the opposition of one of their co‐creators, the individual at whose behest this was done owes compensation to his disappointed opposite number, in an amount that reflects the harm accruing to the latter as a result of the termination of the procreative project.