Jessee v. Jessee

While Michael Jessee (plaintiff) and Michelle Jessee (defendant) were married, they decided to use in vitro fertilization (IVF) and their respective biological materials to fertilize three eggs, called pre-embryos. Michelle had been unable to naturally conceive despite trying for six months. The IVF process was expensive and yielded two viable pre-embryos. One of the viable pre-embryos was transferred to Michelle’s uterus, but she had a miscarriage. The parties intended to implant the last pre-embryo, but their relationship deteriorated, and in 2020, Michael filed for divorce. Michael requested an award of the preserved pre-embryo so that he could have it destroyed. Michael testified that he had agreed to the IVF process so that he and Michelle could raise a biological child together and that if Michelle separately used the pre-embryo, he would be worried about having a genetic child even if he bore no legal or financial-support obligation. Michelle wanted to use the pre-embryo; she was 43 years old and introduced evidence that the likelihood of her conceiving in any other way was very low. Michelle also could not afford to undergo IVF again. The parties agreed that the pre-embryo was property that should be distributed, and the trial court awarded it to Michelle. The court explained that it had considered the parties’ positions and “equity,” but it did not otherwise elaborate on its analytical methodology. Michael appealed.