embryo lawsuit

[Danzig]

http://news.msn.com/us/former-couple...bryos-to-court

they dated, grew close, he donated sperm when she found out she had a form of cancer, so that she could freeze embryos in case she lost fertility.
now, their relationship is over-has been over-and she wants to become pregnant with one of their embryos.

thoughts?

imo, he has as much right to say no as she does to request to use them.

[hi_im_god]

[quote=Danzig;946440]http://news.msn.com/us/former-couple...bryos-to-court

they dated, grew close, he donated sperm when she found out she had a form of cancer, so that she could freeze embryos in case she lost fertility.
now, their relationship is over-has been over-and she wants to become pregnant with one of their embryos.

thoughts?

imo, he has as much right to say no as she does to request to use them.

it seems like it would be simple contact law. you read the contract they signed at the time and go by what it says. if it says he has a say, then he has a say. if not, then it's like any other unexpected pregnancy for a man.

i understand the complications that the lack on anonymity pose for him and the lack of other options pose for her. but how is she harmed by the enforcement of the contract they signed at the time?

would she have sought other donors if he had refused? absent that, being a mother wasn't in the books for her.

[dellinger63]

If he left a bicycle behind she should be able to ride it. That said he's no longer responsible for any money incurred for her riding said bicycle.

[GenuineRisk]

That's fascinating. And a very good example of how science changes our circumstances faster than society's ability to keep up with it.

I have no idea how I would rule, were I a judge hearing the case. The ex-boyfriend was willing for the woman to have the embryos if the hospital would destroy all records, but the hospital wouldn't do that (which I could see, from a health records standpoint). I wonder if a court could order records destroyed, though.

From an ethical standpoint, at what point is donating sperm and then changing your mind about it different from having sex without a condom? If a man can refuse to let a woman implant eggs he had agreed to fertilize, can he then push a pregnant woman into an abortion she doesn't want?

And what happens years from now if the woman finds herself in a bad financial situation and needs assistance? Some states insist that every effort be made to extract support from the biological dad, regardless of the feelings of the parties involved (so the state doesn't have to pay support). In those instances, the courts rule on behalf of what is best for the child (as they should, since the child is an innocent party). So it's possible the man could still end up financially liable, all of her assurances to the contrary notwithstanding.

From a practical standpoint, it seems the lesson learned is, no matter how head over heels you are with someone, use an anonymous sperm donor. And sign all the documents.

But a truly awful situation- to be coming to the end of your fertile years and have to make a choice in a matter of weeks. Really a no-win for everyone.

F*CK CANCER.

[Danzig]

what happens if she ever needs assistance? first, they go after him-which is probably why he doesn't want in. it was only a few months ago that a lesbian couple split, the custodial parent ran into tough times and filed for assistance, and next thing you know, the sperm donor is facing paying child support.

wise is he who learns from others' mistakes. don't donate sperm unless it's anonymously.

[Antitrust32]

a sperm donor should NEVER be required to give financial assistance.

and some women should just think about adoption.

I still cant figure out if all these reproduction advances are a good thing or a bad thing. screw nature and natural selection I guess.

[randallscott35]

I think he is out of luck myself....If she pulled the goalie while they were dating, he couldn't go back and say hey I didn't mean to get you pregnant....Know who you are fertilizing people, they simply did not date long enough to know you wanted to have a kid with her. Tough break.

[Danzig]

Originally Posted by Antitrust32

a sperm donor should NEVER be required to give financial assistance.and some women should just think about adoption.

I still cant figure out if all these reproduction advances are a good thing or a bad thing. screw nature and natural selection I guess.

i agree.