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| Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce. |
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#1
04-26-2022, 03:17 PM
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Frozen embryos
Here is our case. We have been divorced for 4 years and are in court. Ex has just amended his court forms recently for our frozen embryos (6) to be destroyed, but I want to use at least one of them as I want more children, we have a daughter who years old who lives with me majority of the time., ex is EOW. Ex is using the embryo to hurt me and vowed to use it a revenge for our divorce .
What is the court likely going to do? As a man he can well have more children (he has a living in partner now )but I can't and there is no chance I can get more eggs from me having done over 7 procedure that resulted in these frozen embryos. Has anyone been in this scenario? Thank you. 
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#2
04-26-2022, 03:31 PM
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He would be responsible for that child due to the split so yes they should be destroyed. It’s not a “getting back at you” move, it’s a “our relationship is over” move.
I’ve never seen a case on this (not that I looked) but your demand is unreasonable. If you want another child and can’t have one, adopt or foster or get a donor. This way only you will be responsible for the child not him. Yes he can go on and have more children but he is allowed to do that as he has no ties or commitments to you.
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#3
04-26-2022, 03:32 PM
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There is case law on this, I would suggest reading through the decisions on Canlii
https://www.oba.org/Sections/Health-...ari?lang=fr-ca
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#4
04-27-2022, 05:21 AM
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Thank you both. It appears that embryos are property from the decision of the case Blink shared. I am hopeful any judge will let us share them equally since they are 6. Although, I will be emotional and at loss if any is destroyed, I will find consolation in saving the 3 that will be mine.
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#5
04-27-2022, 08:32 AM
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I would still look at other cases. The one blink shared was embryos from donors not actual genetic material from the parties which means the agreement may have been different AND the man would not be responsible for child support as he could argue it was not his genetic material.
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| Tags |
| embryo, fertility, ivf |
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