New York Mother Gives Birth After Court Battle With Ex-Husband Over IVF Embryos — Now They’re Fighting Over the Last One

A New York woman who recently became a mother through IVF after a bitter legal dispute with her estranged husband is now facing another court battle over the couple’s only remaining frozen embryo.

Erin Millender, 47, gave birth to a baby girl in September 2026 after using one of two embryos she had created with her estranged husband, Adam Rubin, during their fertility treatment.

But Rubin, 45, does not want the remaining embryo used to create another pregnancy. He has said he would prefer for it to be donated to scientific research, while Millender hopes to have another child using the embryo.

The couple began their IVF journey in 2021, hoping to start a family. Their treatment produced several viable embryos, some of which were frozen for possible future use.

Their marriage later broke down, and Millender filed for divorce in 2023. The disagreement over the embryos became a central issue in their separation.

The dispute partly revolves around agreements the couple signed with NYU Langone Fertility Center. One agreement from 2021 stated that embryos would be donated for research if the couple divorced. A later agreement contained different language, referring to a divorce settlement or another binding agreement to determine which partner would receive the embryos.

In December 2025, a Brooklyn judge ruled in Millender’s favor, granting her possession and use of the embryos. The decision took into account her medical circumstances and the limited opportunity she believed she had to become a biological mother.

Rubin challenged the ruling, arguing that he had withdrawn his consent to further embryo use and should not be forced into genetic parenthood against his wishes.

The case reached New York’s Appellate Division. On October 7, 2026, the appeals court modified the lower court’s decision, removing the award that had given Millender exclusive possession and use of both embryos. The court did not grant Rubin the outcome he had sought either, leaving the dispute unresolved.

The legal proceedings have continued even as Millender became pregnant and gave birth using one of the embryos. The fate of the remaining embryo must now be addressed by the lower court.

In separate interviews with ABC News, Millender said she still felt deeply connected to the remaining embryo and wanted to give it a chance to develop. Rubin said the prolonged dispute had made it difficult for him to move forward with his life.

The case highlights the difficult questions that can arise when couples separate after undergoing fertility treatment: whose wishes should determine the future of frozen embryos, and how should courts interpret agreements signed before a marriage breaks down?

For Millender and Rubin, the answer remains unresolved as their divorce and the dispute over the final embryo continue.

Source: DAILYMAIL