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originallawyer
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 879
Experience:  9+ years of experience in divorce, custody battles and mediation.
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I live in Nevada and my wife and I are doing IVF with an egg

Customer Question

I live in Nevada and my wife and I are doing IVF with an egg donor. Does that mean in an even of a divorce I have full parental rights because I am the only want genetically related to the child?
Submitted: 2 years ago.
Category: Family Law
Expert:  originallawyer replied 2 years ago.
Not necessarily. Genetic parenthood and legal parenthood are two separate things. Genetic parenthood can be and is often overcome by the parents listed on the birth certificate. If you both are on the birth certificate, you are both legal parents and you both have parental rights. The only way you would be granted full parental rights is if she voluntarily relinquished them to you, or was otherwise found to be unfit. Much like an adoption at birth, IVF donations have paperwork where the donor usually releases any claim to the child, in favor of the parents.
Also, in the event of a divorce, the court will also look at the relationship of the parents to the child. Presumably, your wife will be caring for the child as though it was formed from her egg, meaning she will in almost every sense of the word, be the child's mother and also be entitled to parental rights. The Judge would take into consideration the harm of removing the mother from the parental equation.
Customer: replied 2 years ago.
just curious as my wife has been thru 5 divorces before me a d before I do this ivf thig I would like to know where I stand if things go bad....
Expert:  originallawyer replied 2 years ago.
You would have some parental rights, you just wouldn't be guaranteed all of them. You would have equal rights during your marriage to your child and then a Judge would divide your rights upon divorce.

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