<p>That typically depends on what you agreed to in writing prior to the creation of the embryos. This is usually handled via the consent forms that you signed in the doctor&#39;s office prior to undergoing the medical procedures to create the embryos, so I would first look at those.</p><p>If this is something you both want to do and your consent forms state something different, you may be able to update them or work with an attorney in your state to create an embryo disposition agreement.</p>