May 14th, 2015

Artificial Reproductive Technology (ART) Genetic material?

Many of our clients have created their children with the use of artificial reproductive technologies.  Whether it be by a surrogate or invitro fertilization, remaining genetic material is something to be sure you address in your family law proceeding.

  • Embryos
  • Eggs
  • Sperm

All of this genetic material can now be frozen and stored.  If you are going through a Dissolution of Marriage, Domestic Partnership or Custody case, do not leave what will happen to this genetic material up to chance.  Usually couples have signed something at their fertility clinic.  But, when that document was signed the couple only wanted a baby.  When the relationship ends, there are other decisions that need to be made.  A new contract must be enacted to determine what happens to the genetic material now, and what happens after death.

The parties may struggle with balancing the right of one party to have a child in the future with this genetic material, especially if it is that person’s last hope, against the other party’s right not to have another child if he or she doesn’t want another child.  These are important decisions and a counselor who is well versed in these types of cases may be able the help the parties reach an agreement.

 

Contact Us Today  if you have questions about your situation and you live in Oregon.

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