Legal Question in Family Law in New Jersey
My boyfriend and I are trying to conceive via invitro-fertilization, we went for consult and preliminary work,and found that amongst the forms that needed to be filled out, there was one that stated that neither of us are married to a third party and that if one of us was, we could not proceed with the procedure at this facility. Well he is still currently married although separated from his wife. My question, is this New Jersey law or just this facilities policy? Is there a way for us to proceed?
2 Answers from Attorneys
That is a very, very interesting question indeed.
I can not answer that question without researching pretty carefully. I would not want to give you an answer that is only a guess.
Let me suggest that your boyfriend should talk to me about getting a divorce, regardless whether you and he want to get married anytime soon. He needs to be free of her.
The telephone discussion will be free of charge, and I will let you know what I believe I can do to assist you further. My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
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A child born to a spouse during a marriage is presumed to be the child of the married couple. Having a child while he is still married is not affected by this rule because he is not having the child. I do not understand why he can not have a child with you without confusion as to the child's parentage.
It must be the policy of the facility.
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