The Court adopts a balancing approach to resolve the custody of frozen pre-embryos that looks at: (1) the intended use of the pre-embryos by the party seeking to preserve them; (2) the reasonable ability of the party seeking implantation to have children through other means; (3) the parties’ original reasons for undergoing IVF, which may favor preservation over disposition; (4) the potential burden on the party seeking to avoid becoming a genetic parent; (5) either party’s bad faith attempt to use the pre-embryos as leverage in the dissolution proceeding; and (6) other considerations relevant to the parties’ unique situation.
D. Kenworthy
Englehardt v. State, No. 22A-CR-1760, __ N.E.3d __ (Ind. Ct. App., Sept. 6, 2023).
A mistrial is an extreme remedy that is warranted only when no other curative action can be expected to remedy the situation.