Advances in science and technology have resulted in many laws having to be revised or even redefined. One Colorado woman is requesting that the U.S. Supreme Court intervene in an unusual child custody case regarding her potential future children. The case involves the fate of six frozen embryos that were created with her former husband.
The woman and her husband divorced in 2015. At the time, they were already the parents of three children who were born via in vitro fertilization. The couple had an agreement on file with the fertility clinic that stipulated the embryos would be turned over to the wife in the event of her husband's death. If the wife were to die, then the embryos were to be discarded. The agreement went on to state that in the event of a divorce, the courts would decide the fate of the embryos.
The mother is now claiming that she deserves the right to have more children regardless of her marital status with the father. The father does not wish to have more children, and his attorney states that the lower courts have tended to rule in his favor. The woman's request is seen as a way to subvert the 1973 Roe vs. Wade abortion ruling. However, the woman claims that the embryos are not property and should be treated as children.
A lower court judge noted that the mother purportedly has no viable means of support and is already the mother of four children, one of whom has medical problems. The judge ruled that her desire for more children could not take precedence over the father's wishes to discard the embryos. There has been no word on whether the case will advance to the U.S. Supreme Court. Colorado residents who are caught up in a dispute regarding child custody or other serious family law issues may benefit from the guidance of an experienced attorney.