Divorce and Assisted Reproduction

When couples divorce and they have embryos in cryostorage, there can often be disputes as to who will control the embryos and who has a right to use them to procreate. This is a newly developing area of the law and Guston & Guston can represent a party or consult with attorneys to offer advice as to the law and assist in drafting agreements to deal with these very sensitive issues.

Estate Planning and Assisted Reproduction

Who is a child when there is an intestate estate? Can an embryo be a child for the purposes of inheritance? Can you leave property to an embryo in your will? Can you gift an embryo to someone in your will?

These are some of the fascinating questions raised that the science of assisted reproduction and its intersection with estate planning. The lawyers at Guston & Guston have expertise in answering these questions and can help you draft documents to prevent estate disputes by clearly stating your intentions concerning stored embryos or gametes.

Donation Disputes

Are you a parent or a donor? Who owns stored gametes? Are the compensation or escrow disputes over donor agreements? Has a storage facility lost or caused a thaw of your gametes?

The attorneys at Guston & Guston can help with disputes that arise over donations of donations of sperm, eggs, or embryos.

Mediation of Surrogacy Agreement Disputes

Are you the Intended Parents in a surrogacy arrangement and believe your carrier has breached the agreement?

Are you a Gestational Carrier who has a financial dispute with your Intended Parents?

Many surrogacy agreements require parties to seek mediation before any party proceeds to litigate a dispute. Deb Guston is an experienced mediator and surrogacy attorney and can assist in mediating these disputes. Mediation is a neutral setting where both sides can air their grievances and negotiate a resolution. Under Deb Guston’s guidance, a solution that is fair to all parties can be reached.


Guston & Guston has been serving the Glen Rock since Herb Guston founded his solo law practice in 1972 and Deb Guston, his daughter joined in him in 1988.


55 Harristown Road, Suite 106,
Glen Rock, NJ 07452

201 – 447-6660 | Fax: 201-447-3831