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Should divorced couples toss frozen embryos?
Filed under: Divorce & Custody, Health & Safety: Babies, Medical Conditions
Once upon a time, if a man and woman were to separate, they argued over simple things such as who would get the dog, who would stay in the house and who would have to take that hideous set of dishes passed down from Old Aunt Edna.
These days? How about what to do with the frozen embryos?
A couple from the Houston area are fighting over just that. Long story short: They got married and decided to wait for two years to have children. They went through the process to create embryos through fertility treatments after she had miscarriages but the night before the procedure, he backed out.
According to the article linked, he also listed his qualms against the marriage, including her hostility towards God. Needless to say, they divorced. Originally, a court gave the embryos to her. He appealed and had them awarded to him. Now it in the state supreme court.
She says it is her last chance to be a biological mother (she's 45). He says "no way," citing that they can't be used against his will. She says she doesn't believe in tossing the embryos, equating it to abortion.
In the past, if a couple were to have babies after a divorce, it meant they had to get together to have sex. Now? They just have to have access to the embryos.
It will be interesting to see where this case leads as I'm sure there will be more and more cases where this happens. What should happen to the embryos after a divorce?
These days? How about what to do with the frozen embryos?
A couple from the Houston area are fighting over just that. Long story short: They got married and decided to wait for two years to have children. They went through the process to create embryos through fertility treatments after she had miscarriages but the night before the procedure, he backed out.
According to the article linked, he also listed his qualms against the marriage, including her hostility towards God. Needless to say, they divorced. Originally, a court gave the embryos to her. He appealed and had them awarded to him. Now it in the state supreme court.
She says it is her last chance to be a biological mother (she's 45). He says "no way," citing that they can't be used against his will. She says she doesn't believe in tossing the embryos, equating it to abortion.
In the past, if a couple were to have babies after a divorce, it meant they had to get together to have sex. Now? They just have to have access to the embryos.
It will be interesting to see where this case leads as I'm sure there will be more and more cases where this happens. What should happen to the embryos after a divorce?
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ReaderComments (Page 1 of 1)
6-15-2007 @ 12:38PM
Ethel said...I am really a chauvinist when it comes to cases like this, I personally think when a gal is past her ability to have children and there are fertilized eggs involved, they're hers. If it were a fertilized egg in her fallopian tubes, or a fetus implanted onto the side of her womb, we would say that its her choice how to proceed. I personally feel with the time sensitive nature of a woman's fertility and the nature of our society squeezing the time a woman can reasonably have children, she should get the first consideration. It's my bias, I know, but that is what my heart tells me and what my mind thinks is fair.
Reply
6-15-2007 @ 11:27PM
Sadie said...Well.. say that hypothetically these embroys were already viable, real children (and not potential children). He has custody, she wants custody. Is she in a place to suport the children, or are they going to be back in court in 9 months arguing over who the baby should live with once it's exited the womb?
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6-15-2007 @ 1:28PM
Sandyone said..."If it were a fertilized egg in her fallopian tubes, or a fetus implanted onto the side of her womb, we would say that its her choice how to proceed."
Yes, that's the pro-choice argument. Her body, her choice.
You're right...it's your bias and it has no basis in logic.
These embryos have nothing to do with her body. She has no more right to them than the father. She doesn't get them just because she's a woman. Would your decision change if the man had had an accident and was no long able to have children?
These are human beings, not sofas.
Reason #4,573 why ART should slow down and let the ethics catch up.
Reply
6-15-2007 @ 1:49PM
Someone said...Why not donate the embryos to IVF places so that couples who can't have children that are biologically theirs can have the joy of raising a child? Also so that the child can live in a home where there wasn't a custody battle before they were even in the womb...
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6-15-2007 @ 2:44PM
Rachel May said...Ethel, don't forget that "her" fertilized eggs wouldn't be fertilized without his sperm. I don't know how you can consider them strictly her eggs.
That would be like telling every mother in America that her children are strictly hers, and she should be the only one responsible for them.
If she does get the eggs, against his wishes, should he be made to pay child support? How does that question fit into your logic?
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6-15-2007 @ 6:56PM
me said...I think that the point Ethel is trying to make is that the woman has one advantage - she can actually DO something with the eggs - like have them implanted into her uterus. Last time I checked, men don't have this ability.
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6-16-2007 @ 1:03AM
rebecca Biernesser said...If he is worried about having to pay child support or something, he can always sign his rights away.
On the other hand, if he doesn't want children whether he signed away his rights or not, I think he has that right. SHe can have more children by using a donor and going thru treatments again.
And really, how many of you moms or dads want to go ahead and have children with someone you "parted ways" with???
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