Woman Wins “Custody” of Embryos After Separation

redditorriot · 2016-09-10T06:53:36+00:00

Learn from this man's mistake, don't agree to frozen seeded embryos, period.

ausfamlawyer · 2016-09-10T00:19:55+00:00

A judge has awarded custody of frozen embryos to a 42-year-old woman over the objections of her ex-boyfriend who said it violates his right to not procreate.

TheRavenousRabbit · 2016-09-10T11:00:53+00:00

Let me guess, he's going to have to pay for child support?

feedmecarrots · 2016-09-10T07:18:31+00:00

I see nothing but trouble coming out of this and the last consideration will be for the potential children.

2016-09-10T08:58:07+00:00

Planning on having kids in her 40's and probably suing her ex afterwards. Looks like we have a real winner here. So stunning and brave.

aesopstortoise · 2016-09-10T07:42:25+00:00

From:

http://www.huffingtonpost.com/2015/01/22/illinois-frozen-embryo_n_6348920.html

"According to his testimony, Szafranski agreed to help Dunston, now 43 and in remission, after dashing into a bathroom at work to take a call about her diagnosis.

"The following day, they visited both a fertility clinic and a reproductive rights attorney. At the clinic, they signed an informed consent document that stated the risks of the procedure and that “No use can be made of these embryos without the consent of both partners (if applicable).”

“We came to all of these decisions in a week’s time,” Szafranski told HuffPost. He said the sense of urgency was was spurred by the possibility that Dunston, who declined to comment for this story, would not survive her cancer.

“It was very heavy,” he said. “We thought [the decision to create pre-embryos] was something that we’d be able to come back with at a certain time. It was something that would give us options."

Both parties signed a medical consent form and acting within the terms of that form Szafranski withdrew his consent to continuing the procedure into pregnancy. The court over-ruled his choice. There is a clear message here for any man to pay attention to - your consent is not equal to a woman's consent.

The final round of this legal process is reported here:

http://www.chicagolawbulletin.com/Archives/2016/03/02/embryo-03-02-16.aspx

"There are also repercussions for reproductive attorneys. There is now controlling precedent for contested-embryo cases in Illinois, one of roughly 12 states where courts have considered a contested embryo case.

"Some say the ruling made by Cook County Circuit Judge Sophia H. Hall and affirmed by the 1st District Appellate Court invites confusion for couples and fertility clinics.

"The ruling said that, prior to creating the embryos, the couple created a verbal contract that included Dunston’s use of the embryos. By remaining silent on the issue of the embryos’ use, Szafranski did not negotiate a contract that gave him the right to later object to their use. Hall ruled that gave Dunston the right to use the embryos.

"But some attorneys have said the ruling isn’t practical: What couple is contemplating a breakup when they are thinking about having a child?

"Other attorneys have said it highlights the need for fertility patients to consult a lawyer and have these discussions before creating embryos.

“It puts people who are trying to have babies using reproductive technology in a really awkward position,” said Kimberly Mutcherson, a law professor who teaches bioethics at Rutgers Law School."

aokusman · 2016-09-10T00:39:48+00:00

Absolutely disgusting.

2016-09-10T06:16:58+00:00

Very interesting. Not surprised the man will appeal the decision.

omegaphallic · 2016-09-10T11:37:36+00:00

He should at least have the option of fincial abortion.

Consilio_et_Animis · 2016-09-10T00:41:14+00:00

I would agree with the woman on this one. She froze the embryos because she was having treatment that would destroy her fertility. Now, that's her only way of having a child.

The guy is a twat for agreeing to it in the first place, and now what does he expect her to do? To be childless? If he has said no, it's highly likely she would have found someone else or used a sperm donor from Denmark or somewhere.

I not sure why should could not have just froze her eggs, and had that fertilised later, but perhaps that it much more tricky.

EDIT: And remember, her eggs are already fertilised, so in many respects, he has already procreated.

Title	Woman Wins “Custody” of Embryos After Separation
Author	ausfamlawyer
Upvotes	36
Comments	41
Date	September 10, 2016 12:19 AM UTC (9 years ago)
Subreddit	Posted in /r/MensRights
Original Link	https://old.reddit.com/r/MensRights/comments/520kx8/woman_wins_custody_of_embryos_after_separation/
Archive Link	https://theredarchive.com/r/MensRights/woman-wins-custody-of-embryos-after-separation.941918 https://theredarchive.com/post/941918

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