01 Jun IF JELLY ROLL AND BUNNIE XO HAD ANY FROZEN EMBRYOS, WHO WOULD BE ENTITLED TO THEM IN THEIR DIVORCE? EVERYBUNNY NEEDS SOMEBUNNY SOMETIMES
Country star, Jelly Roll (who is 41) and his wife 46-year-old former sex worker wife, Bunnie XO, are getting divorced after 10 years of marriage. Notwithstanding the same, Bunnie XO stated in her last Dumb Blonde podcast that the couple planned to continue their IVF journey of having a child together. They have lost 4 embryos so far.
However, what if during the divorce there was a disagreement as to who owned a frozen embryo? This could depend on state law. In most states, human embryos are determined to be a special type of property. In many states, it has been determined embryos are not property, but instead they are biological human beings that cannot be bought or sold or give rise to parental rights – you can’t adopt an embryo in nearly all states. It is considered the potential for human life which is special in nature and priceless.
Other states could still determine that human embryos are personal property and could be subject to a valuation in a divorce and pass by will or trust.
IVF clinics require patients to sign an agreement as to determine what happens to unused embryos in the event of divorce or death. This could be determinative if Bunnie XO and Jelly Roll have a future disagreement. Your estate plan should be consistent with the IVF agreement.
What if the frozen embryo becomes a child after the parent dies? You might need to have your estate plan address this issue.
At the present time, there is no dispute between Bunnie XO and Jelly Roll. However, since there is always the possibility of future disagreement, their estate plans should consider worst case scenarios.
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