KIE: Court Decision: 751 Atlantic Reporter, 2d Series 613; 2003 Jun 1 (date of decision). The Superior Court of New Jersey held that a contract made between a now divorced couple and their in vitro fertilization (IVF) provider is not enforceable because it constitutes a contract to procreate, and thus it is contrary to state public policy and is unenforceable. During IVF treatment J.B. became pregnant and gave birth to a healthy child. The extra embryos were cryopreserved. Subsequently J.B. and M.B. divorced. An agreement with their IVF provider specified that control over the frozen embryos was to be relinquished to the provider if the couple divorced, unless specified by a court order. M.B., the former husband, alleged that he and J.B. had agreed to donate the unused embryos to infertile couples. J.B., the former wife, wished to have the embryos destroyed. The court found that enforcing the alleged contract to donate the embryos would impair the former wife's constitutional right to not procreate. Furthermore, M.B.'s right to procreate would not be impaired if the contract were not enforced because M.B. was not infertile and was capable of having children with another person. The Superior Court affirmed the trial court's judgment in favor of the former wife and ordered the destruction of the frozen embryos.