Who should determine the fate of frozen embryos in a divorce?
Now that reproductive technology allows couples to make and freeze embryos outside the body for later use, courts across the country are beginning to sort out how to deal with the embryos when a couple is divorcing.
The father.
Side Score: 5
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The mother.
Side Score: 1
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Mothers already have too much power. If the mother wants the baby and the father does not, too bad. She gets to have the baby and force the father to pay 18 years of child support. If the father wants the baby and the mother does not, too bad. She cannot be forced to carry the baby for 9 months. It's time for fathers to have some control and say over their money, sperm and progeny. Side: The father.
So, is this a different stance from 76 days ago? Side: The father.
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Neither. Many contracts include a clause that destroys the embryos upon divorce. If there is no such clause then one of the plaintiffs must show some exceptional reason. If the court/arbitrator/whatever deems it exceptional, that plaintiff will receive the embryos. For example, if the man or woman freezes the embryos in preparation for a medical procedure that will cause infertility, then they will usually gain ownership. Side: The mother.
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