In November 2003, Wife, at the age of 36, was diagnosed with breast cancer. As a result of the diagnosis and proposed recommended cancer treatments, the parties … [went through] in vitro fertilization (“IVF”) to preserve Wife’s ability to conceive a child…. Following fertilization, the pre-embryos were then cryopreserved and presently remain frozen ….The appeals court seemed to believe the wife's promise not to seek child support payments, but unfortunately no such promise is binding under the law. A comment explains:
Wife, now age 44, has no children. Wife seeks all thirteen pre-embryos for implantation…. In this case, because Husband and Wife never made an agreement prior to undergoing IVF, and these pre-embryos are likely Wife’s only opportunity to achieve biological parenthood and her best chance to achieve parenthood at all, we agree with the trial court that the balancing of the interests tips in Wife’s favor.
If the appellate court did this (and I don't doubt they did), then this is a nice, clear example of the duplicity bred by judicial arrogance. There is no doubt whatsoever that the judges [even the stupid one ;-) ] know that her promise is wholly worthless. In 3 years, if she has a baby, she'll be back asking for child support (perhaps in the guise of a guardian ad litum) and these SAME judges will climb all over themselves to give it to her.
At this point it's her interest against his. Equals. Once the child is born it will be the STATE against him and there will be no evenhanded justice because the kid always wins.
This is the gender-biased unfairness problem of divorce law writ large. She can "stack the deck" so he's screwed. Proving to all men that no good deed goes unpunished in W-O-M-E-N-'S court.
It's no wonder that every year more young men are saying "no".
Abortion laws are justified by arguing that the woman has a right to refuse being a mother. Why not the father? Shouldn't he also have a right to refuse, if the mother does?
The sickening thing about this is that under the law, men are reduced to just sperm and support checks. There is no consideration at all to the fact that this ex-wife is going to bring a child into this world who will have to grow up without a father.