J.B. v. M.B.

783 A.2d 707 (2001)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

J.B. v. M.B.

Supreme Court of New Jersey
783 A.2d 707 (2001)

Facts

J. B. (plaintiff) was unable to conceive a child and underwent in vitro fertilization (IVF) at the Cooper Center (the Center) (defendant) using genetic material provided by her husband, M. B. (defendant). After the successful fertilization of 11 pre-embryos, four were implanted in J. B., and the remaining seven were cryopreserved. The consent form signed by J. B. and M. B. at the Center prior to them undergoing the IVF procedure provided that ownership of the preserved pre-embryos would be relinquished to the Center upon their divorce unless a trial court held otherwise. J. B. became pregnant and gave birth to a daughter. Later, J. B. filed for divorce from M. B. and expressly sought an order requesting that the seven preserved pre-embryos be destroyed. However, M. B. wanted the tissues to be implanted in J. B. or donated for use by other couples. J. B. moved for summary judgment on the pre-embryo issue. M. B. filed a cross-motion for summary judgment and claimed that J. B. and M. B. had an agreement that any unused pre-embryos would not be destroyed. The trial court granted the divorce and granted J. B.’s motion for summary judgment on the pre-embryo issue, concluding that J. B. had a greater interest in the preserved pre-embryos in terms of not procreating. M. B. appealed. The appellate division affirmed. The Supreme Court of New Jersey granted certiorari to review.

Rule of Law

Issue

Holding and Reasoning (Poritz, C.J.)

Concurrence (Zazzali, J.)

Concurrence (Verniero, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 733,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 733,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 733,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership