The Dispute Over Cryopreserved Embryos: A Reflection of RAH V RAL

DOI

10.2991/978-94-6239-785-9_27How to use a DOI?

Keywords

Assisted Reproductive Technology (ART); Divorce; Ethical Guideline; Policy

Abstract

The advancement of in vitro fertilisation technology offers hope to infertile couples seeking biological children. However, disputes over the use of the cryopreserved embryos may arise when parties divorce or separate. Despite the absence of a statute governing assisted reproductive technology in Malaysia, ethical guidelines and national policy on assisted reproduction may shed light on how to manage this complex circumstance. In an unprecedented case involving, among other things, a dispute over cryopreserved embryos after divorce, the Malaysian High Court in RAH v RAL [2025] 4 CLJ 132, granted the right to control and decide on the fate of two cryopreserved embryos to the applicant based on her financial responsibility, subject to conditions imposed by the Court. However, the judgment did not refer to the national policy and certain provisions in the ethical guideline on assisted reproduction, which could have influenced the outcome of the case. This may create confusion for medical practitioners in future cases. Using a legal doctrinal approach, this research examines whether the judgment of RAH v RAL would have differed had the Malaysian Court considered the ethical guideline issued by the Malaysian Medical Council and the National Assisted Reproductive Technology Policy. This paper suggests that future Malaysian cases involving disputes over cryopreserved embryos after divorce would have been decided differently from RAH v RAL, should the ethical guidelines and national policy be followed. It would provide greater certainty and consistency in handling cryopreserved embryos for divorced parties.

Copyright

© 2026 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Angeline Xiao Qi Yong
AU  - Keith Wy Tan
AU  - Eng Siang Tay
AU  - Chee Ying Kuek
PY  - 2026
DA  - 2026/10/07
TI  - The Dispute Over Cryopreserved Embryos: A Reflection of RAH V RAL
BT  - Proceedings of the UUM 13th International Legal Conference 2025 (UUMILC 2025)
PB  - Atlantis Press
SP  - 380
EP  - 392
SN  - 2667-128X
UR  - https://doi.org/10.2991/978-94-6239-785-9_27
DO  - 10.2991/978-94-6239-785-9_27
ID  - Yong2026
ER  -