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Do embryo cases require a child custody attorney?

by | Apr 12, 2018 | Child Custody

One state’s new law is creating heated debates around the nation. The law centers on disputes between parties who created and stored embryos prior to a divorce or breakup, and are using a child custody attorney to fight the issue. In the past, courts in Florida and elsewhere have been reluctant to grant one party the right to have a child against the will of the other. This new law, however, gives preference ot the party who wishes to become a parent, which effectively forces parenthood on the other party.

It’s estimated that more than one million embryos are currently stored across the nation. When couples go their separate ways, those embryos are usually destroyed. However, there are cases in which one party wishes to have a child using the embryos, while the other does not. Couples often sign a contract at the time the embryos are created, which outlines what will occur in the event of a breakup. Very often, however, these contracts are disputed in court.

The law does state that if a child is born using a stored embryo, the parent who did not consent will not be held responsible for child support or any other parental obligations. That is little consolation to those who want to move beyond a broken relationship. They could be forced to choose between abandoning their biological child or being roped into a co-parenting role against their will.

Many Florida readers will follow this matter to see how cases are handled in the courts. For now, the matter is considered a dangerous move toward granting “personhood” status to embryos, which has long been a concern of pro-choice advocates. It remains to be seen how these cases will be handled by a child custody attorney or a court of law.

Source: buzzfeed.com, “In Custody Disputes Over Frozen Embryos, A Controversial New Law Says They Should Go To Whoever Wants To Make A Baby“, Azeen Ghorayshi, April 11, 2018

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