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Court rules divorced woman can use fertilized embryos against father’s wishes

Article here. Excerpt:

'A divorced woman is entitled to implant some fertilized embryos created before she was married despite the objections of her former husband, the state Court of Appeals has ruled.

In a split decision, the majority acknowledged that the contract Ruby Torres and John Terrell signed with the clinic doing the in-vitro fertilization spells out in the event of separation of divorce the embryos could be used solely with the “express, written consent” of both parties.

Now, Torres who was undergoing chemotherapy at the time, wants to implant the embryos if and when she remarries. Terrell, who does not consent, got a trial judge to rule that she can’t do that.

But appellate Judge Jennifer Campbell, writing for the majority, said that, on balancing the interests of both parties, Torres is entitled to do with the eggs what she wants. And Campbell said it is irrelevant that if Torres gets the embryos, Terrell could be legally responsible for child support.'

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