Our thanks to Kronk for this. An extract:
Judge Maria Elena Cruz wrote the dissenting opinion [J4MB: in the 2-1 decision]. She emphasized that the couple signed a contract in 2014 agreeing to not use the embryos without mutual consent.
The agreement, signed at a fertility clinic, states that in the case of divorce or separation the embryos “cannot be used to create a pregnancy without the express, written consent of both parties, even if donor gametes were used to create the embryos.”
Cruz criticized the majority of the court’s ruling, stating it was explicitly prohibited by the contract. She said the lower court’s decision should have been affirmed.
“Do contracts matter?” she wrote. “I believe they do.”
Contracts evidently don’t matter when it comes to fulfilling women’s wishes. Women are above the law.
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