Estranged couple locked in bitter fight over frozen embryo after undergoing IVF as single mom, 47, fights to give birth again

A New York court awarded Erin Millender control of two frozen embryos created with her estranged husband, Adam Rubin, allowing her to pursue another pregnancy. The dispute highlights the competing interests involved when former partners disagree over embryos and raises questions about how courts weigh consent, contracts and the parties’ circumstances.

Millender, 47, gave birth to a daughter in September after using one of the embryos; Rubin, 45, had withdrawn his consent before the transfer. The couple signed two clinic agreements: a 2021 contract said the embryos would be donated for research if they divorced, while a 2023 contract deferred to a divorce settlement or other binding agreement. A Brooklyn court ruled in Millender’s favour in December 2025, with the judge considering the biological time constraints she faced.