no-script-img
California Court Rules That Embryos of Divorcing Couple Must Be Destroyed

California Court Rules That Embryos of Divorcing Couple Must Be Destroyed

In November, a judge in San Francisco has ruled that the frozen embryos a woman wanted to use in spite of her ex-husband’s objections must be discarded.

The couple signed a consent form after their marriage in 2010 stating that the fertility clinic would destroy the embryos if they decided to divorce. The judge upheld this form in her decision despite protest from the woman, 46-year-old musician and anesthesiologist Dr. Mimi C. Lee, who claimed that the embryos were her only chance to have a child due to her age and previous battle with cancer. She claims that she thought the form was similar to a medical directive toward which she could later be allowed to change her mind, but the court did not agree with this argument, citing Lee’s profession, education, and intelligence as reasons why the alleged misunderstanding was not credible.

After enduring a hostile divorce, Lee’s husband did not want to tie himself to his ex-wife for life by having a child with her, especially after Lee indicated that she would consider using the children against him in the future. The court agreed that the husband’s concerns in this regard were well founded.

There have been at least a dozen other similar lawsuits across the country dealing with embryo disputes, and so far not one high court has decided to award an embryo to someone over the objection of their ex-spouse. According to judge Anne-Christine Massullo, “It is a disturbing consequence of modern biological technology that the fate of nascent human life, which the embryos in this case represent, must be determined in a court by reference to cold legal principles.” Disturbing though it may be to many, more cases like Lee’s are expected to crop up in future divorce cases as IVF technology continues to advance.

Read more about this story via the Los Angeles Times by clicking here.

Divorce Lawyers in Hackensack, New Jersey

If you are considering a divorce in New Jersey, you can feel confident in turning to the Hackensack divorce lawyers at Moskowitz Law Group, LLC for skilled representation in even the most complex cases. Our firm is available to assist with all of your family law needs, including divorce proceedings, child custody, child support, modifications, visitation rights, and more.

We have been representing individuals and their families throughout New Jersey for more than 50 years. Call today to see how we can put this experience to work for you: (201) 419-6223.

Contact Our Attorneys Today

Start With A Free Case Evaluation

    [utm_campaign_i][/utm_campaign_i]

    [utm_source_i][/utm_source_i]

    [utm_medium_i][/utm_medium_i]

    [utm_term_i][/utm_term_i]

    [utm_content_i][/utm_content_i]

    [gclid_i][/gclid_i]

    The Benefits and Challenges of Joint Custody in New Jersey 19Mar
    The Benefits and Challenges of Joint Custody in New Jersey Posted by Content
    Prenups: What Are They and What Should You Include in Yours? 18Mar
    Prenups: What Are They and What Should You Include in Yours? Posted by Content
    Pre-Divorce Planning: How to Protect Your Assets in a Divorce 14Mar
    Pre-Divorce Planning: How to Protect Your Assets in a Divorce Posted by Content
    Guide to Modifying Child Support in New Jersey 08Mar
    Guide to Modifying Child Support in New Jersey Posted by Content

    No aspect of this advertisement has been approved by the New Jersey Supreme Court. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice or tax advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Please do not send any confidential information to us until such time an attorney-client relationship has been established. Results may vary depending on your particular facts and legal circumstances. Free consultations are offered for those who retain the firm.

    ©Copyright 2024Moskowitz Law Group, LLC. All Rights Reserved.

    Contact Us
    [contact-form-7 404 "Not Found"]