Equitable Distribution: Re: The Sperm and The Egg
The next dilemma


A client of mine recently told me that his soon to be ex wife asked him to deposit some of his sperm in a bank for future use as part of their divorce settlement. My client asked me my views on the matter. After I got up off the floor, I realized that my client was serious and proceeded to inform him of all the legal responsibilities he would have as well as the obvious moral ones in being the biological father of a brought into this world. Though this was the first time I had encountered such an issue, I can certainly see this as something which may come up more and more. Couples get married later, they leave childbearing for later, and if the marriage doesn't work out, they are left older and still childless. This type of request may not be as far fetched as I at first imagined. In my client's case, he said his wife wasn't interested in child support and didn't want him to have any parental involvement with the child, however, we all know that firstly, one can change their mind about such things and secondly, the courts have repeatedly held that child support is always an open issue as is visitation. There is no such thing as a permanent waiver of these two issues in the justice system.
Why not a sperm bank? I asked my client? He indicated that his wife liked his physical attributes. Why would this issue be gender neutral however? With the likely advances in science a woman's eggs may also be up for grabs in this world of reproductive equitable distribution. As a matrimonial attorney there are certain areas I tend to stay clear of. One such area is custody and visitation of pets. I for one refuse to address that issue in any agreement. I think the issue of reproductive freedom is of greater importance to me than trying to negotiate future parenthood. Especially when their are other ways in which parenthood can be obtained other than "blackmail" or "negotiation,"

Equitable Distribution: Re: The Sperm and The Egg
The next dilemma


A client of mine recently told me that his soon to be ex wife asked him to deposit some of his sperm in a bank for future use as part of their divorce settlement. My client asked me my views on the matter. After I got up off the floor, I realized that my client was serious and proceeded to inform him of all the legal responsibilities he would have as well as the obvious moral ones in being the biological father of a brought into this world. Though this was the first time I had encountered such an issue, I can certainly see this as something which may come up more and more. Couples get married later, they leave childbearing for later, and if the marriage doesn't work out, they are left older and still childless. This type of request may not be as far fetched as I at first imagined. In my client's case, he said his wife wasn't interested in child support and didn't want him to have any parental involvement with the child, however, we all know that firstly, one can change their mind about such things and secondly, the courts have repeatedly held that child support is always an open issue as is visitation. There is no such thing as a permanent waiver of these two issues in the justice system.
Why not a sperm bank? I asked my client? He indicated that his wife liked his physical attributes. Why would this issue be gender neutral however? With the likely advances in science a woman's eggs may also be up for grabs in this world of reproductive equitable distribution. As a matrimonial attorney there are certain areas I tend to stay clear of. One such area is custody and visitation of pets. I for one refuse to address that issue in any agreement. I think the issue of reproductive freedom is of greater importance to me than trying to negotiate future parenthood. Especially when their are other ways in which parenthood can be obtained other than "blackmail" or "negotiation,"

Musical Judges

It is that time of year when the judicial system plays what I call Musical Judges in our Supreme Court part. Judges are yearly rotated in and out of the matrimonial part sometimes giving new life to old stagnant cases. New blood is sometimes a good thing and this year I have mixed feelings with regard to the comings and goings. I am thrilled that an old favorite of mine is making his way back to the matrimonial part. A controversial figure and sometimes temperamental; my all time favorite on the bench has not always done everything I would have wanted him to do. In fact I feel I lost quite a bit of money once in a decision regarding a legal fee. However, his independence of mind and desire to do the right thing though not always the politically correct thing, makes him my first choice in the stickiest cases. Always looking to the best interests of the children in the cases where no one else would stick out his neck. My favorite judge saved a house full of kids and my stay at home client from being tossed into the street literally by staying her foreclosure auction 3 days before a sale. He allowed my client 60 days to try to sell the house and retain whatever equity she could, which frankly was quite a bit. She was able to pay off the mortgage and start a new life for herself and her children in another state. Three attorneys laughed at my "naivete" when I told them I was requesting a stay of the auction and that I was requesting oral argument on the matter. The judge stunned us all by granting my petition and proceeded to listened intently giving us a speedy decision within a few hours. New blood also joins us in the matrimonial part this year. I look forward to the change and the return of a member of judiciary I sorely missed.

Musical Judges

It is that time of year when the judicial system plays what I call Musical Judges in our Supreme Court part. Judges are yearly rotated in and out of the matrimonial part sometimes giving new life to old stagnant cases. New blood is sometimes a good thing and this year I have mixed feelings with regard to the comings and goings. I am thrilled that an old favorite of mine is making his way back to the matrimonial part. A controversial figure and sometimes temperamental; my all time favorite on the bench has not always done everything I would have wanted him to do. In fact I feel I lost quite a bit of money once in a decision regarding a legal fee. However, his independence of mind and desire to do the right thing though not always the politically correct thing, makes him my first choice in the stickiest cases. Always looking to the best interests of the children in the cases where no one else would stick out his neck. My favorite judge saved a house full of kids and my stay at home client from being tossed into the street literally by staying her foreclosure auction 3 days before a sale. He allowed my client 60 days to try to sell the house and retain whatever equity she could, which frankly was quite a bit. She was able to pay off the mortgage and start a new life for herself and her children in another state. Three attorneys laughed at my "naivete" when I told them I was requesting a stay of the auction and that I was requesting oral argument on the matter. The judge stunned us all by granting my petition and proceeded to listened intently giving us a speedy decision within a few hours. New blood also joins us in the matrimonial part this year. I look forward to the change and the return of a member of judiciary I sorely missed.