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#1 Smoky

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Posted 03 November 2015 - 03:53 PM

How do I stand if I divorced after I've I have no eggs of my own so having donor eggs husbands sperm I am paying for all the treatment. I just feel I need to know it would break my heart if he could take my baby off me. He has two children already.

Please can you help.

Thank you

#2 CdnHockeyGal

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Posted 03 November 2015 - 06:07 PM

Hi Smoky - I'm not an attorney but Sherry Levitan is a volunteer on the site and answers posts as her time permits.  I suspect you would need to reach out to Sherry or another attorney directly as they wouldn't be able to offer any advice based on the above.  I would anticipate you would need to consult that documents you and your ex-husband signed with the clinic.  If your consent forms don't speak to marital breakdown you would likely need to review your individual situation with an attorney.

 

I'm very sorry you're in this position and wish you the best!


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We've tried lots of things for a long time. None of them have resulted in a viable pregnancy.


#3 SherryLevitan

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Posted 19 November 2015 - 05:22 PM

Thanks CdnHockeyGal! Your reply was perfect.

Smoky, your question involves a full review of the law and the documents, which is outside the purview of this forum. Please make an appointment with any lawyer who practices in this area, so that you can understand each party's respective rights and obligations.
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#4 Tess

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Posted 28 November 2015 - 04:17 PM

"How do I stand if I divorced after I've I have no eggs of my own so having donor eggs husbands sperm I am paying for all the treatment. I just feel I need to know it would break my heart if he could take my baby off me. He has two children already."

 

Smokey,

 

Are you asking about what happens to the embryos if you divorce?  Or are you asking if your husband can get custody of a child to which you give birth and care for?

 

If you are married to your husband, and give birth to his child -- you are the custodial parent of that child.  Unless you abdicate your responsibilities, and the state finds you unfit to be the custodial parent, you have those legal rights and responsibilities.  

 

I'm assuming you are not involved in a surrogacy contract, and you will not name yourself as a surrogate.

 

If you and your husband need surrogacy, you will talk to a lawyer and draw up a contract articulating rights and responsibilities. Your lawyer can advise you on your custodial rights, which may be different depending upon the different provinces and/or states.  But, if you give birth to the child, and you are legally married to your husband, the principle of marital presumption should prevail.

 

However --  If you are asking about the legal disposition of frozen embryos, that is another matter.  You will be signing consent forms for the disposition of the embryos in the case of your husband's death or of divorce.  There are usually 3 options:  the embryos are destroyed, the embryos are donated to scientific research, or the other party would retain control of the embryos.

  

 

Good luck!



#5 Tess

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Posted 28 November 2015 - 04:22 PM

"How do I stand if I divorced after I've I have no eggs of my own so having donor eggs husbands sperm I am paying for all the treatment. I just feel I need to know it would break my heart if he could take my baby off me. He has two children already."

 
 
I realized my answer may be too long and convoluted:
 
If you give birth to a child, you are, by definition, the legal mother -- with all of the rights and responsibilities that legal motherhood/parenthood brings with it.
 
The only exception would be if you legally agree to act as a surrogate to another couple or individual.