Who Owns the Embryos After Divorce? Malaysia’s First Frozen Embryo Case Delivers a Landmark Judgment!
In 2025, the Malaysian Family High Court, in the case of RAH v RAL, addressed the legal status and control of frozen embryos following a divorce for the first time. The decision is regarded as a landmark development in Malaysian family law.
Background of the Case
The couple married in 2009 and underwent In Vitro Fertilisation (IVF) treatment in 2014 due to fertility difficulties.
The embryos were created using the husband’s sperm and eggs donated by the wife’s sister, resulting in three embryos that were cryopreserved.
Following the parties’ divorce in 2017, one of the embryos was used, and a daughter was born in 2022.
The dispute concerned the remaining two frozen embryos.



