No it isn't, not even close. He willingly fertilized them in the past regardless of his reasons. It is a conflicting case because the embryos are created by both parties so do they both have equal say on what happens to them? Of that I don't see a right answer. It's like co-owning something 50-50, who decides what to do with the item in question?
I am siding with Terrel (the guy) on this one just because there is a clear contract backing him. The new law that was passed by the state that is pretty much a life preservation stance, almost pro-life. They want the kid to be made. It's a dumb law but not the worst thing I've seen if it doesn't affect the other party.
If he becomes financially responsible for the kid, then I'd see the ruling as fucked.
The wise wolf who's pride is her wisdom isn't so sharp as drunk.
Well i kinda know how it works since my best friend and his wife got kids that way. The point is, they ( the couple ) agreed on something and made a contract to be sure, things didn't went like they planed and now she wants the get out of that contract because she/they didn't planned ahead. In this case i think she was the one, they fertilized all eggs just to be sure but like I said, if she had plans to keep in accordance to contract she would make a backup plan and have unfertilized eggs as well.
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She didnt saved eggs, she saved embryos, huge difference. If she wanted to have her own children and don't be bound to contract she could have saved her unfertilized eggs as well as fertilized ones. Then if shit happens ( like it did ) she would have a different option, to have unfertilized eggs fertilized by unknown donor or new man in her life.
THINK: How does she get your fertilized embryos first place?
So they breached the contract signed at the clinic... i see many more lawsuit coming in their near futur!
Feel free to think, let me help you, They ( doctors ) take them out and fertilize them with sperm and then they freeze those fertilized eggs. Once the eggs is fertilized it is not longer just an egg. So again, she could have saved unfertilized eggs in case something like this happens.
The judge in this case is an idiot and should be canned.
He agreed to be the donor under the pretense that the eggs would only be used with his consent. She agreed to the same conditions as he did. The ruling is wrong, period. Also, prior to implantation, one never loses the rights to one's own genetic material. Given that the embryos are genetically half his, the contract shouldn't even be necessary. The state of fertilization is irrelevant and this ruling is the equivalent of the court ordering the clinic to give the woman his frozen sperm.
False. States very rarely find in favor of the father, as they rule in favor of what's best for the child.
He has just as much right to the embryos as she does. And according to the contract, a lack of consent from both parties negates any use of them.
This is irrelevant.
1. If you read the article then no, he would likely have to pay for child support.
2. Eggs are hers, embryos nope, then share 50% of her DNA and 50% of his DNA so he has the right and saying as much as she does.
3. What does that have to do with anything, the embryos are still frozen, they didn't had sex and she got pregnant.
No they were not and them being married or not doesn't have anything to do with this. They made a contract, she broke it and he has to suffer? Why?
She didn't get pregnant during sex, she still isn't pregnant, her eggs are fertilized by the clinic using his sperm, thats all.
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He shouldn't pay either way, their marital status doesn't have anything to do with him paying child support. Even if they were married he shouldn't pay for child support because she got herself pregnant without his consent and by breaking contract.
This would be correct if the intention was for the couple to have kids and the contract was not a standard one that everyone signed. We have gone over this many times already and he is the one who insisted that he fertilize the eggs knowing full well that the reason was that she had a fair chance of becoming infertile in the near future.
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The problem here is that there are 2 "contracts", one written and one verbal. No one is contesting this bit. The written one is a standard contract made by the clinic and the verbal agreement they had was that he was fertilizing her eggs so safeguard against future infertility due to radiation treatments. She offered to get the sperm from someone else and he is the one who insisted that she use his.
The way I see it is that the entire situation is stupid but at least she is just stupid. He is stupid and an ahole trying to go back on his word. He knew full well what he was doing and after it turns out that she is indeed infertile after her cancer treatment he tries to go back on his word using a random generic contract that no one payed much attention too at the time.
One will mentally scar you for the rest of your life, the other won't. I know for sure which one I'd rather.
Especially since if you're raped, you might still end up with a baby and be on the hook for the money. source: https://eu.usatoday.com/story/news/n...port/14953965/