Michigan Supreme Court declines frozen embryo dispute, urges legislative action

The Michigan Supreme Court declined to hear a case involving a divorced couple's dispute over a frozen embryo, leaving in place a lower court ruling that sided with ex-husband David Markiewicz and prevented ex-wife Sarah Markiewicz from using the embryo. The court's decision, accompanied by a statement from Justice Brian Zahra, emphasized that unresolved questions about the legal status of embryos and in vitro fertilization should be addressed by the state Legislature rather than the courts. The case highlighted complex issues of reproductive rights, parental autonomy, and whether embryos should be treated as property or as persons with independent interests. Sarah argued the embryo represented her last opportunity for a genetically related child and invoked Michigan's constitutional amendment on reproductive freedom, while David opposed the implantation, citing his right to avoid unwanted parenthood. The outcome leaves Michigan without clear legal precedent on such IVF disputes, prompting calls for legislative action to address the growing relevance of assisted reproductive technology. The ACLU and others supported the decision to prevent forced parenthood, while both parties expressed relief that the lengthy legal saga had ended.