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Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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This is a very complex situation, but please bare with

Customer Question

Hello, this is a very complex situation, but please bare with me as this may be take long. Back in 2006, my then wife and I had tried to conceive, but never had such luck. We went to see a fertility specialist, but the doctor couldn't really find the reason behind it. The doctor took a test on me and said I had low sperm count and said he couldn't assure me whether or not I would be able to conceive in the future, he then suggested that I freeze my sperm and she freeze her embryos. So, thinking nothing more of it and airing it as a side of caution, we did what the doctor had suggested. To be honest, I was quite relieved that I had dodged a bullet because I knew I wanted to have kids in the future, but not necessarily with her because I felt in my heart I didn't love her. With all of that being said, we eventually separated 3 years later and I am currently in a relationship with the love of my life for the past 7 years. Last year I had received a phone call from my ex telling me that she was pregnant in which I congratulated her for, but to my astonishment she said the baby was mine. She went on to explain that she went to the fertility clinic and had her embryos using my sperm implanted in her. I was LIVID because I felt how can she proceed with the procedure without my consent and full acknowledgment? I felt the clinic was equally responsible for this because I had never agreed or signed anything consenting to this procedure. I didn't want to have children with her and felt I was deceived into fatherhood. I don't know what her intentions are and I know she might go after me for child support. As cold as this may sound, I don't want to give her anything because I feel I was totally deceived and never wanted to have children with her in the first place. She has caused so much turmoil in my life and with my current relationship because of this. I feel so angry and don't know what to do. What are my rights in this situation? How can I avoid not having to give her anything and would I be able to sue the hospital for negligence and her for deceiving me as well? I feel that had the hospital followed certain protocols this would have never happened. Your response is greatly appreciated....
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.
HelloThis is Samuel. Please tell me what type of agreement was granted by you concerning the use of the sperm? It can be argued there was a pre existing contract that your sperm would be for the use of fertilizing her eggs. With that, there would be no consent needed.I suggest you can read this link re an Illinois case
Expert:  Sam replied 1 year ago.
In that case, The court found that Jacob and Karla had an oral contract allowing Karla to use the pre-embryos without Jacob’s consent, and rejected Jacob’s assertion that the medical informed consent document signed by the parties modified or contradicted their oral contract. Alternatively, the court ruled in favor of Karla under the balancing-of-interests test.And so the question in you scenario is going to be was there a pre existing agreement that your sperm would be used for her embryos.
Expert:  Sam replied 1 year ago.
Once you have reviewed the case, please let me know if you have other questions in this regard. Otherwise, a positive rating will ensure I get credit for my time and information. Thank you.