Legal Question in Family Law in Illinois

Christopher and Chloe are involved in a highly contentious divorce. Before their marriage ended up in Domestic Relations court the couple decided to have a child as an effort to salvage the relationship. When conventional methods proved unsuccessful, they resorted to in-vitro fertilization. Efforts at in-vitro fertilization before Christopher filed for divorce had not worked, but several frozen embryos still remain at the clinic where the in vitro fertilization was attempted. Christopher is no longer interested in parenthood with Chloe and is concerned that she may proceed with further attempts at fertilization even though the divorce is pending.

He contacts you, his divorce lawyer, to find out if there is anything legally that he can do to prevent Chloe from continuing with her efforts at in vitro fertilization. Please advise him.


Asked on 3/07/13, 8:07 am

1 Answer from Attorneys
Stephen Messutta

We don't answer possible research questions, which this certainly sounds like. Moreover, the idea of bringing a child into this world to "save" a marriage is reprehensible if not unethical, and at the very least immature. That being said, if he files a divorce case he may be entitled to injunctive relief. Furthermore, since there is no mention of whether his sperm has been frozen for use in the in vitro, and potentially regardless, he should be able to withdraw his consent for in vitro if his sperm is not used for fertilization (ie. withdraw consent for donated sperm fertilization). But to be certain a proper search of applicable current statutory and case law should be made.

Read more
Answered on 3/07/13, 2:10 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Illinois